The director of the labor and industrial division shall have the power to hold hearings upon, and therein examine witnesses, administer oaths and take testimony in, all matters specified in any complaint with him filed and relating to his duties and the requirements of Chapter 50, Article 1 NMSA 1978, which hearings shall be held in some suitable place in the vicinity in which the testimony to be taken is applicable, and may issue subpoena for and compel the attendance of witnesses at such hearings; provided, however, that the director of the labor and industrial division shall serve upon the employer and such employees as he deems necessary, a written notice of the time, place, purpose and scope of the hearing at least ten days prior to the date thereof. At the hearing, the employer and any employees to be affected by any of the matters and things mentioned in the notice shall have the right to appear in person or by counsel, to cross-examine witnesses and to introduce such testimony as is competent, relevant and material to the subject, purpose and scope of the hearing as stated in the notice; provided, however, that no witness fees shall be paid to any witness unless he is required to testify at a place more than five miles from his place of residence, in which event the witness shall be paid the same fees as a witness before a district court. Any person duly subpoenaed under the provisions of this section who willfully refuses or neglects to testify at the time and place named in the subpoena shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail not less than ten days nor more than thirty days or by both such fine and imprisonment.

History: Laws 1931, ch. 9, § 8; 1941 Comp., § 57-108; 1953 Comp., § 59-1-8; 1987, ch. 342, § 28.

Repeals. — Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, effective July 1, 2007.

Compiler's notes. — Laws 1987, ch. 342, § 33 provided that all references in law to the "labor commissioner" shall be construed as references to the "director of the labor and industrial division of the department of labor".

Laws 2007, ch. 200 repealed the labor department. Section 9-26-15 NMSA 1978 provides that all statutory references to the "labor department or any divisions of the labor department shall be deemed to be references to the workforce solutions department".

Cross references. — For fees of witnesses in district court, see 38-6-4 NMSA 1978.

The 1987 amendment, effective July 1, 1987, twice substituted "director of the labor and industrial division" for "labor commissioner" in the first sentence and made minor stylistic changes throughout the section.

Administrator's findings. — The administrative proceeding provided by this section appears to function solely as a preliminary determination of whether a wage claim has enough merit to warrant the division's prosecution of an enforcement action in court on an employee's behalf; such a preliminary determination by the administrator may be a prerequisite to prosecution in some instances, but does not necessarily have any preclusive effect once the prosecution in court has begun. Southworth v. Santa Fe Servs., Inc., 1998-NMCA-109, 125 N.M. 489, 963 P.2d 566.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 294 et seq.

Right to assistance of counsel in administrative proceedings, 33 A.L.R.3d 229.

51A C.J.S. Labor Relations §§ 501, 505, 511, 598 to 617; 73A C.J.S. Public Administrative Law and Procedure § 115 et seq.