New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 2 - GOVERNOR'S ORGANIZED CRIME PREVENTION COMMISSION › Section 10.1.2.8 - ISSUANCE OF SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
The commission will follow the procedures described below in
				  the issuance of subpoenas.
A. Before
				any subpoena is sought in aid of an investigation being conducted by the
				commission, the investigation itself must be approved by the members of the
				commission. Such approval will be by at least four commissioners. In general,
				the approval will be made at a meeting of the commission and all absent members
				will be consulted; however, if prompt action is required, approval may be
				sought by telephone communication with all available commissioners. If approval
				is obtained, a written resolution stating the purpose of the investigation and
				the vote of the commissioners will be prepared and presented to all
				commissioners for their examination at the next regular meeting of the
				commission.
B. Once an
				investigation is approved, the commission may adopt and acknowledge individual
				subpoenas to be issued in aid of the investigation by resolution of five
				members of the commission. Such resolutions need not be adopted or acknowledged
				at a regular meeting of the commission; and adoption or acknowledgment by any
				member of the commission need not be witnessed by other commission
				members.
C. The commission may
				adopt and acknowledge subpoenas so long as the proposed subpoenas contain the
				name of the witness and the documents or other evidence (if any) to be
				subpoenaed) however, the date, time and location of the hearing need not be
				contained in the subpoena, nor otherwise fixed, at the time a subpoena is
				adopted and acknowledged by the commission. The commission may authorize the
				executive director to fix the date, time and location of the commission hearing
				prior to service of the subpoena.
D. Witnesses receiving subpoenas shall appear
				at a hearing of the commission at the time and place stated on the subpoena
				served upon the witness, and shall bring all items designated by the subpoena.
				The executive director, however, may excuse a witness from appearing at the
				hearing if the witness makes satisfactory arrangements to provide the
				commission with the items designated by the subpoena. If the witness is so
				excused, his or her appearance for the purpose of giving testimony pursuant to
				the subpoena may be postponed to a date and place to be set by the executive
				director, upon adequate notice to the witness.
(1) The commissioner(s) present at a hearing
				of the commission may excuse a witness from production of all or some of the
				items designated by the subpoena directed to the witness upon conditions which
				they deem reasonable. Also, they may continue the hearing and excuse the
				witness until a future date and location to be set by the executive director,
				upon adequate notice to the witness.
(2) The executive director may change the
				time and location of a hearing to which witnesses have been subpoenaed to
				attend, but only if at least one commissioner agrees to attend the hearing at
				the altered time and/or location; provided that the time for a hearing shall
				not be advanced without adequate notice to the witness.
(3) "Adequate notice" shall consist of
				notification given to the witness or his/her attorney personally prior to the
				altered time, or mailed to the last known address of the witness or his/her
				attorney at least three days prior to the altered time.
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Chairman