Section 61-1-8 - Rights of party entitled to hearing

A. A party entitled to be heard pursuant to the provisions of the Uniform Licensing Act shall have the right to be represented by counsel; to present all relevant evidence by means of witnesses, books, papers, documents and other evidence; to examine all opposing witnesses who appear on a matter relevant to the issues; and to have subpoenas and subpoenas duces tecum issued as of right prior to the commencement of the hearing to compel discovery and the attendance of witnesses and the production of relevant books, papers, documents and other evidence upon making written request for them to the board or hearing officer. The issuance of such subpoenas after the commencement of the hearing rests in the discretion of the board or the hearing officer. All notices issued pursuant to Section 61-1-4 NMSA 1978 shall contain a statement of these rights.B. Upon written request to another party, any party is entitled to:(1) obtain the names and addresses of witnesses who will or may be called by the other party to testify at the hearing; and(2) inspect and copy documents or items that the other party will or may introduce in evidence at the hearing.C.

f witnesses who will or may be called by the other party to testify at the hearing; and(2) inspect and copy documents or items that the other party will or may introduce in evidence at the hearing.C. The party to whom a request is made shall comply with the request within ten days after the service or delivery of the request. No request shall be made less than fifteen days before the hearing.D. A party may take depositions after service of notice in accordance with the Rules of Civil Procedure for the District Courts. Depositions may be used as in proceedings governed by those rules. History: 1953 Comp., § 67-26-8, enacted by Laws 1957, ch. 247, § 8; 1978 Comp., § 61-1-8; 1981, ch. 349, § 7; 2023, ch. 190, § 11. ANNOTATIONSThe 2023 amendment, effective July 1, 2023, clarified language in the section; and struck language allowing a party the right to be represented by a licensed member of the party's profession or occupation or both; substituted 'person' with 'party' throughout the section; in Subsection A, after 'represented by counsel', deleted 'or by a licensed member of his own profession or occupation or both'; and redesignated former Subsection C as Subsection D.

hout the section; in Subsection A, after 'represented by counsel', deleted 'or by a licensed member of his own profession or occupation or both'; and redesignated former Subsection C as Subsection D. Section provides right to examine all opposing witnesses. McCaughtry v. N.M. Real Estate Comm'n, 1970-NMSC-143, 82 N.M. 116, 477 P.2d 292. Law reviews. — For article, 'An Administrative Procedure Act for New Mexico,' see 8 Nat. Res. J. 114 (1968). Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 60, 61. 53 C.J.S. Licenses §§ 43, 54, 58, 59.