N.M. Stat. § 61-1-9
Powers of board or hearing officer in connection with
hearings.
A. In connection with any hearing held under the Uniform Licensing Act, the board
or hearing officer shall have power to have counsel to develop the case; to subpoena,
for purposes of discovery and of the hearing, witnesses and relevant books, papers,
documents and other evidence; to administer oaths or affirmations to witnesses called
to testify; to take testimony; to examine witnesses; and to direct a continuance of any
case. Boards or hearing officers may also hold conferences before or during the
hearing for the settlement or simplification of the issues, but such settlement or
simplification shall only be with the consent of the party.
B. Geographical limits upon the subpoena power shall be the same as if the board
or hearing officer were a district court sitting at the location at which the hearing or
discovery proceeding is to take place. The method of service, including tendering of
witness and mileage fees, shall be the same as that under the Rules of Civil Procedure
for the District Courts, except that those rules requiring the tender of fees in advance
shall not apply to the state.
C. The board or hearing officer may impose any appropriate evidentiary sanction
against a party or other person who fails to provide discovery or to comply with a
subpoena.