New Mexico Statutes
Article 2 - Oil Conservation Commission; Division;
Section 70-2-8 - Subpoena power; immunity of natural persons required to testify.

The commission, or any member thereof, or the director of the division or his authorized representative, is hereby empowered to subpoena witnesses, to require their attendance and giving of testimony before it, and to require the production of books, papers and records in any proceeding before the commission or the division. No person shall be excused from attending and testifying or from producing books, papers and records before the commission or the division, or from obedience to the subpoena of the said commission or division, whether such subpoena be signed or issued by one or more of the members of the said commission, or the director of the division, in any hearing, investigation or proceeding held by or before the said commission or division or in any cause or proceeding in any court by or against the said commission or division, relative to matters within the jurisdiction of said commission or division, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; provided that nothing herein contained shall be construed as requiring any person to produce any books, papers or records, or to testify in response to any inquiry, not pertinent to some question lawfully before such commission or division or court for determination. No natural person shall be subjected to criminal prosecution, or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may be required to testify, or produce evidence, documentary or otherwise before said commission or division, or in obedience to its subpoena, or in any cause or proceeding, provided, that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.
History: Laws 1935, ch. 72, § 6; 1941 Comp., § 69-207; Laws 1949, ch. 168, § 6; 1953 Comp., § 65-3-7; Laws 1977, ch. 255, § 43.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 338 et seq.
73A C.J.S. Public Administrative Bodies and Procedure §§ 131, 132.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 70 - Oil and Gas

Article 2 - Oil Conservation Commission; Division;

Section 70-2-1 - Short title.

Section 70-2-2 - [Waste prohibited.]

Section 70-2-3 - Waste; definitions.

Section 70-2-4 - Oil conservation commission; members; term; officers; quorum; power to administer oaths.

Section 70-2-5 - Oil conservation division; director; state petroleum engineer.

Section 70-2-6 - Commission's and division's powers and duties.

Section 70-2-7 - Rules of procedure in hearings; manner of giving notice; record of rules, regulations and orders.

Section 70-2-8 - Subpoena power; immunity of natural persons required to testify.

Section 70-2-9 - Failure or refusal to comply with subpoena; refusal to testify; body attachment; contempt.

Section 70-2-10 - Perjury; punishment.

Section 70-2-11 - Power of commission and division to prevent waste and protect correlative rights.

Section 70-2-12 - Enumeration of powers.

Section 70-2-12.1 - Disposition of produced water; no permit required.

Section 70-2-12.2 - Adoption of rules; appeals.

Section 70-2-13 - Additional powers of commission or division; hearings before examiner; hearings de novo.

Section 70-2-14 - Requirement for financial assurance.

Section 70-2-15 - Allocation of allowable production among fields when division limits total amount of production.

Section 70-2-16 - Allocation of allowable production in field or pool.

Section 70-2-17 - Equitable allocation of allowable production; pooling; spacing.

Section 70-2-18 - Spacing or proration unit with divided mineral ownership.

Section 70-2-19 - Common purchasers; discrimination in purchasing prohibited.

Section 70-2-20 - Repealed.

Section 70-2-21 - Purchase, sale or handling of excess oil, natural gas or products prohibited.

Section 70-2-22 - Rules and regulations to effectuate prohibitions against purchase or handling of excess oil or natural gas; penalties.

Section 70-2-23 - Hearings on rules, regulations and orders; notice; emergency rules.

Section 70-2-24 - Reports of governmental departments or agencies as to market demand to be deemed prima facie correct.

Section 70-2-25 - Rehearings; appeals.

Section 70-2-26 - Review of oil conservation commission decision; appeals.

Section 70-2-27 - Temporary restraining order or injuction [injunction]; grounds; hearing; bond.

Section 70-2-28 - Actions for violations.

Section 70-2-29 - Actions for damages; institution of actions for injunctions by private parties.

Section 70-2-30 - [Violation of court order grounds for appointment of receiver.]

Section 70-2-31 - Violations of the Oil and Gas Act; penalties.

Section 70-2-31.1 - Reporting requirement.

Section 70-2-32 - Seizure and sale of illegal oil or gas or products; procedure.

Section 70-2-33 - Definitions.

Section 70-2-34 - Regulation, conservation and prevention of waste of carbon dioxide, helium and other non-hydrocarbon gases.

Section 70-2-35 - Legal representation before the federal energy regulatory commission.

Section 70-2-36 - Removing or altering marks of identification; penalty.

Section 70-2-36.1 - Repealed.

Section 70-2-37 - Oil and gas reclamation fund created; disposition of fund.

Section 70-2-38 - Oil and gas reclamation fund administered; plugging wells on federal land; right of indemnification; annual report; contractors selling equipment for salvage.

Section 70-2-39 - Fees; appropriation.