HOUSE BILL 88
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Jim R. Trujillo
AN ACT
RELATING TO HUMAN SERVICES DEPARTMENT INVESTIGATIONS; AUTHORIZING THE SECRETARY OF HUMAN SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS FOR DOCUMENTS OR OTHER TANGIBLE OBJECTS WHEN NECESSARY TO CARRY OUT THE SECRETARY'S DUTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Human Services Department Act is enacted to read:
"[NEW MATERIAL] SUBPOENA POWER.--
A. To ensure or enforce compliance with the laws and programs administered by the department, the secretary or the secretary's designee may issue an administrative subpoena to a person, state agency or political subdivision that the secretary reasonably believes has information relevant to a department investigation to compel the person, state agency or political subdivision to produce any relevant document or tangible object related to the investigation.
B. A subpoena shall state with reasonable certainty the nature of the information required, the time and place where the information in the form of a document or other tangible object shall be produced and the consequences of failure to obey the subpoena.
C. A subpoena shall be served and proof of service shall be made in the same procedural manner as provided for service of process in the Rules of Civil Procedure for the District Courts. The service of the subpoena shall be at least ten days prior to the required production.
D. After service of a subpoena, if the person, state agency or political subdivision served neglects or refuses to comply with the subpoena, the department may apply to the district court of the county where the person resides or maintains its principal business or office or in the county where the state agency or political subdivision maintains its official office. Failure of the person, state agency or political subdivision to comply with the district court's order shall be punishable as contempt."
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