New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY
Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES
Section 11.5.5.608 - SUBPOENAS
Universal Citation: 11 NM Admin Code 11.5.5.608
Current through Register Vol. 35, No. 18, September 24, 2024
A. Issuance:
(1) The commission secretary
shall, upon request by a party and without the necessity for notice to any
other party, issue a subpoena requiring the attendance and testimony of any
witness and the production of any evidence in the possession or under the
control of the witness, at a hearing or at a deposition authorized by Section
606 [now 11.5.5.606 NMAC] or by order of the hearing officer. The party
requesting the subpoena shall be responsible for:
(2) Any party requesting a subpoena shall be
responsible for:
(a) providing the commission
secretary with a subpoena form as illustrated in Section 1018 [now 11.5.5.1018
NMAC], completed except for the commission's seal and the name and signature of
the commission secretary; and
(b)
having the subpoena served upon the witness to whom it is directed.
(3) The commission secretary shall
maintain on hand a supply of blank subpoena forms to be provided to a party
upon request.
B. Motion to quash: The person to whom the subpoena is directed may move, in writing, to quash or modify the subpoena.
(1) A motion to quash or modify a subpoena
shall be filed within ten (10) days after service on the party seeking to quash
or modify it, or on or before the time specified in the subpoena for compliance
if such time is less than ten (10) days after service. The motion shall comply
with all requirements of Section 501 [now 11.5.5.501 NMAC], and shall be served
upon all parties to the proceeding, except that no copy need be served upon any
party represented by the same person representing the person filing the
motion.
(2) The hearing officer
shall quash or modify the subpoena only upon a finding that:
(a) the evidence sought does not relate to
any matter relevant to the proceeding;
(b) the subpoena does not describe with
sufficient particularity the evidence sought;
(c) the evidence sought is privileged;
or
(d) the subpoena is invalid for
any other reason sufficient in law.
C. Action to compel compliance: Upon the failure of any person to comply with a subpoena, the party upon whose request the subpoena was issued may initiate proceedings, in the name of the commission, for enforcement of the subpoena in the appropriate court. A copy of each pleading or other document filed in such action shall be furnished to the commission by the party initiating the action.
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