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. 6, March 26, 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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