N.M. Stat. § 29-9-17
Code of fair procedure.
A. As used in this section:
(1)
"hearing" means any hearing in the course of an investigatory proceeding
conducted before the commission at which testimony or the production of other
evidence is compelled by subpoena;
(2)
"public hearing" means any hearing open to the public, or any hearing, or
such part thereof, as to which testimony or other evidence is made available or
disseminated to the public by the commission; and
(3)
"private hearing" means any hearing other than a public hearing.
B. No person may be required to appear at a hearing or to testify at a hearing
unless there has been personally served upon him prior to the time when he is required
to appear, a copy of the Organized Crime Act, and a general statement of the subject of
the investigation. A copy of the resolution, statute, order or other provision of law
authorizing the investigation shall be furnished by the commission upon request by the
person summoned.
C. A witness summoned to a hearing shall have the right to be accompanied by
counsel, who shall be permitted to advise the witness of his rights, subject to
reasonable limitations to prevent obstruction of or interference with the orderly conduct
of the hearing. Counsel for any witness who testifies at a public hearing may submit
proposed questions to be asked of the witness relevant to the matters upon which the
witness has been questioned, and the commission shall ask the witness such of the
questions as it may deem appropriate to its inquiry.
D. A complete and accurate record shall be kept of each public hearing and a
witness shall be entitled to receive a copy of his testimony at such hearing at his own
expense. Where testimony which a witness has given at a private hearing becomes
relevant in a criminal proceeding in which the witness is a defendant, or in any
subsequent hearing in which the witness is summoned to testify, the witness shall be
entitled to a copy of such testimony, at his own expense, provided a copy is available,
and provided further that the furnishing of such copy will not prejudice the public safety
or security.
E. A witness who testifies at any hearing shall have the right at the conclusion of his
examination to file a brief sworn statement relevant to his testimony for incorporation in
the record of the investigatory proceeding.
F. Any person whose name is mentioned or who is specifically identified and who
believes that testimony or other evidence given at a public hearing or comment made by
any member of the commission or its counsel at such a hearing tends to defame him or
otherwise adversely affect his reputation shall have the right, either to appear personally
before the commission and testify in his own behalf as to matters relevant to the
testimony or other evidence complained of, or in the alternative at the option of the
commission, to file a statement of facts under oath relating solely to matters relevant to
the testimony or other evidence complained of, which statement shall be incorporated in
the record of the investigatory proceeding.
G. Nothing in the Organized Crime Act shall be construed to prevent the
commission from granting to witnesses appearing before it, or to persons who claim to
be adversely affected by testimony or other evidence adduced before it, such further
rights and privileges as it may determine.
H. Nothing in the Organized Crime Act shall be construed to affect, diminish or
impair the right, under any other provision of law, rule or custom, of any member or
group of members of the commission to file a statement or statements of minority views
to accompany and be released with or subsequent to the report of the commission.