N.M. Code R. § 15.1.14.13 – Failure or Refusal to Testify

A. If a respondent fails to testify in its own behalf or asserts a claim of privilege with respect to any question presented to the respondent, the hearing examiner may infer from such refusal that the testimony or answer would have been adverse in the respondent’s case.
B. If any affiliate, holding company, employee, or agent of a respondent fails to respond to a subpoena or asserts a claim of privilege with respect to any question presented, the hearing examiner, after considering all of the circumstances, may infer that such testimony would have been adverse to the respondent.
[12/31/98; 15.1.14.13 NMAC - Rn, 15 NMAC 1.14.13, 5/31/00; A, 6/30/08]