N.M. Stat. § 58-17-13
Enforcement of provisions of act by director.
A. The duty of administering and enforcing the provisions of the Endowed Care
Cemetery Act is imposed on the director, who shall approve all forms of contract for
endowed care and shall have authority to subpoena witnesses, conduct hearings and
investigations and issue orders reasonably necessary to regulate endowed care
cemeteries in the public interest.
B. At the same time the registration statement is due, the director shall require the
cemetery authority to submit an audit prepared by a certified public accountant. The
audit shall cover in detail the information required in the annual registration statement
required by law. In addition, the director may examine each endowed care cemetery to
ensure that endowed care is being furnished in the manner required by law.
C. The cost of examining any cemetery authority and any endowed care cemetery
shall be paid by the responsible authority, and it shall not exceed the actual cost of
conducting such an examination.
D. If the director deems it necessary to hold a hearing pursuant to the power vested
in him by the Endowed Care Cemetery Act, the hearing may be held in Santa Fe, New
Mexico or at any other location within New Mexico designated by the director.
E. In the conduct of any examination, investigation or hearing, the director may:
(1)
compel the attendance of any person or obtain any documents by
subpoena;
(2)
administer oaths; and
(3)
examine any person under oath concerning the business of any person
subject to the provisions of the Endowed Care Cemetery Act and in connection
therewith require the production of any books, records or papers relevant to the inquiry.
F. In case of refusal to obey a subpoena issued to any person, the district court of
the first judicial district for Santa Fe county, upon application by the director, may issue
to the person an order requiring him to appear before the director or the staff member
designated by the director, there to produce documentary evidence if so ordered or to
give evidence relating to the matter under investigation or in question. Failure to obey
the order of the court may be punished by the court as a contempt of court.