In connection with investigations or enforcement hearings conducted under the Occupational Health and Safety Act [50-9-1 to 50-9-25 NMSA 1978], the department may apply to the district court for an order requiring the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the state. Any district court, upon application by the department, shall have jurisdiction to issue to such person an order requiring the person to appear and to produce evidence if, as and when so ordered and to give testimony relating to the matter under investigation if the court finds that the evidence or testimony sought is discoverable under the Rules of Civil Procedure for The District Courts. Any failure to obey an order of the court may be punished by the court under its powers of contempt.
History: 1953 Comp., § 59-14-17, enacted by Laws 1972, ch. 63, § 17; 1993, ch. 322, § 16.
Cross references. — For witness fees, see 38-6-4 NMSA 1978.
For depositions and discovery, see Rules 1-026 to 1-037 NMRA.
The 1993 amendment, effective April 8, 1993, substituted "department" for "board or agency" in the first and third sentences and made a minor stylistic change.
Employers may be present at discovery proceedings conducted by the environmental improvement division. Kent Nowlin Constr., Inc. v. Envtl. Improvement Div., 1982-NMSC-094, 99 N.M. 294, 657 P.2d 621.
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