The director shall have the power to administer oaths and compel the attendance of witnesses and the production of documents, records and physical exhibits in any hearing held under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] by the issuance and service of subpoenas and subpoenas duces tecum. The hearing officer shall have authority to rule upon offers of proof and receive relevant evidence, take, allow or cause depositions to be taken, regulate the course of the hearing, hold conferences for the settlement or simplification of the issues by consent of the parties, dispose of procedural requests or similar matters and reopen the hearing for the taking of additional evidence at any time prior to the taking of an appeal.
History: Laws 1981, ch. 39, § 101; 1993, ch. 329, § 5.
Cross references. — For witnesses' fees, see 38-6-4 NMSA 1978.
For subpoena for production of documentary evidence, see Rule 1-045 NMRA.
The 1993 amendment, effective June 18, 1993, substituted "director" for "liquor control hearing officer" in the first sentence and deleted the former second sentence, which read: "All witnesses subpoenaed shall be paid attendance fees and mileage in like amount and manner as if appearing in a criminal proceeding in a district court of this state."
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Intoxicating Liquors § 205.
48 C.J.S. Intoxicating Liquors § 177.
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