A. In connection with any hearing held under the Uniform Licensing Act, the board or hearing officer shall have power to have counsel to develop the case; to subpoena, for purposes of discovery and of the hearing, witnesses and relevant books, papers, documents and other evidence; to administer oaths or affirmations to witnesses called to testify; to take testimony; to examine witnesses; and to direct a continuance of any case. Boards or hearing officers may also hold conferences before or during the hearing for the settlement or simplification of the issues, but such settlement or simplification shall only be with the consent of the party. B. Geographical limits upon the subpoena power shall be the same as if the board or hearing officer were a district court sitting at the location at which the hearing or discovery proceeding is to take place. The method of service, including tendering of witness and mileage fees, shall be the same as that under the Rules of Civil Procedure for the District Courts, except that those rules requiring the tender of fees in advance shall not apply to the state. C. The board or hearing officer may impose any appropriate evidentiary sanction against a party or other person who fails to provide discovery or to comply with a subpoena. History: 1953 Comp., § 67-26-9, enacted by Laws 1957, ch. 247, § 9; 1978 Comp., § 61-1-9; 1981, ch. 349, § 8; 2023, ch. 190, § 12. The 2023 amendment, effective July 1, 2023, clarified that disciplinary action can also apply to applicants or unlicensed persons in addition to licensees; in Subsection A, after "consent of the", deleted "applicant or licensee" and added "party"; and in Subsection C, after "against a party", added "or other person". Administrative body has only the authority given it by law. In re Willoughby , 1971-NMSC-040, 82 N.M. 443, 483 P.2d 498. Granting continuance to allow discovery. — This section allows the board to grant a prehearing continuance to assure that the licensee obtains full and complete discovery. Molina v. McQuinn , 1988-NMSC-060, 107 N.M. 384, 758 P.2d 798. Law reviews. — For article, "An Administrative Procedure Act for New Mexico," see 8 Nat. Res. J. 114 (1968). Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 51. 53 C.J.S. Licenses §§ 43, 58, 59.
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