New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 4 - ADJUDICATION › Section 19.15.4.16 - POWER TO REQUIRE ATTENDANCE OF WITNESSES AND PRODUCTION OF EVIDENCE; PRE-HEARING PROCEDURE FOR ADJUDICATORY HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Subpoenas. The commission or its members
				and the director or the director's authorized representative have statutory
				power to subpoena witnesses and to require the production of books, papers,
				records, other tangible things or electronic data in a proceeding before the
				commission or division. The director or the director's authorized
				representative shall issue a subpoena for attendance at a hearing upon a
				party's written request. The director or the director's authorized
				representative shall, upon a party's request, issue a subpoena for production
				of books, papers, records, other tangible things or electronic data in advance
				of the hearing. The director or the division examiner assigned to hear the case
				may consider pre-hearing motions, such as motions for protection or quashing of
				subpoenas, prior to the hearing pursuant to Subsection C of 19.15.4.16 NMAC or
				to reserve such matters for consideration at a hearing on the merits. The
				commission and director or the director's authorized representative shall issue
				subpoenas for witness depositions in advance of the hearing only in
				extraordinary circumstances for good cause shown.
B. Pre-hearing conferences. The division
				examiner or the director may hold a pre-hearing conference prior to the hearing
				on the merits in cases pending before the division or the commission,
				respectively, either upon a party's request or upon the director or a division
				examiner giving notice. The pre-hearing conference's purpose shall be to narrow
				issues, eliminate or resolve other preliminary matters and encourage
				settlement. The director or examiner may issue a pre-hearing order following
				the pre-hearing conference. The director or division examiner shall either
				provide or ensure that written or oral notice of a pre-hearing conference is
				given to the applicant and to other parties who, at the time such conference is
				scheduled, have filed appearances in the case.
C. Hearings on motions. The director or a
				division examiner may rule on motions that are necessary or appropriate for
				disposition prior to a hearing on the merits. If the case is pending before the
				commission, the director shall rule on a motion; provided that the director may
				refer a motion for hearing by a division examiner specifically designated for
				the purpose, who, if the case is a de novo application, shall not have
				participated in the case prior to the filing of the application for de novo
				hearing. Prior to ruling on a motion, the director or division examiner shall
				give written or oral notice to each party who has filed an appearance in the
				case and who may have an interest in the motion's disposition (except a party
				who has indicated that it does not oppose the motion), and shall allow
				interested parties an opportunity, reasonable under the circumstances, to
				respond to the motion. The director or division examiner may conduct a hearing
				on a motion, following written or oral notice to interested parties, either at
				a pre-hearing conference or otherwise. If the commission or division receives
				oral testimony at a hearing, the commission or division examiner shall ensure
				that a record is made of the testimony as at other hearings.