New Mexico Statutes 58-13A-11. Investigations
A. The director may make investigations, within or without this state, as he finds necessary or appropriate to:
Terms Used In New Mexico Statutes 58-13A-11
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) determine whether any person has violated, or is about to violate, any provision of the Model State Commodity Code or any rule or order of the director; or
(2) aid in enforcement of that code.
B. The director may publish information concerning any violation of the Model State Commodity Code or any rule or order of the director.
C. For purposes of any investigation or proceeding under the Model State Commodity Code, the director or any officer or employee designated by rule or order may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the director finds to be relevant or material to the inquiry.
D. (1) If a person does not give testimony or produce the documents required by the director or a designated employee pursuant to an administrative subpoena, the director or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.
(2) The request for order of compliance may be addressed to either:
(a) the district court for the county of Santa Fe or the district court where service may be obtained on the person refusing to testify or produce, if the person is within this state; or
(b) the appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this state.