N.M. Stat. § 5-11-5
Hearing on objections.
A. Any person claiming an interest in real property that the resolution discloses is
situated in the district may file a written objection with the clerk before 5:00 p.m. on the
business day preceding the date and time set for the hearing. The objection may raise
one or more of the following issues:
(1)
that the objector's property would not be substantially benefited, directly or
indirectly, from the public infrastructure improvements or enhanced services proposed
to be financed, as set forth in the general plan, and that the property should be excluded
from the district;
(2)
that the district should not be formed, stating the specific reasons; and
(3)
that the general plan should be modified, stating the reasons for
modification.
B. At the hearing, including any adjournments or continuances, the governing body
shall hear and pass on the written objections and the testimony and evidence presented
in support of or opposition to the objections. The hearing shall be either transcribed by a
court reporter or recorded by a tape recorder. The court reporter's transcript or a tape
recording certified to be true and correct by the clerk shall be filed or otherwise
preserved in the official records of the governing body.
C. In furtherance of the hearing, the clerk, on written request being presented, shall
issue subpoenas or subpoenas duces tecum to compel the attendance and testimony of
any person or the submission of any documents at the hearing. Compliance with the
subpoena shall be enforced as if the subpoena were issued by a clerk of the state
district court.
D. Testimony at the hearing need not be under oath, unless requested by any
owner or required by the governing board. Requests by owners that the testimony be
under oath must be made in writing and be filed with, or served on, the clerk before the
hearing begins or the request is deemed waived.
E. The minutes or a copy of a written transcript or a tape recording of the
proceedings of a hearing conducted pursuant to this section shall be open to public
inspection three working days after the conclusion of a hearing. Any person may
request to examine or be furnished copies, printouts, photographs, transcripts or
recordings of a hearing during regular office hours of the governing body. The custodian
of the records shall furnish the copies, printouts, photographs, transcripts or recordings
and may charge a reasonable fee which does not exceed the actual cost of reproducing
the item requested.