New Mexico § 28-1-13 - Appeal

§ 28-1-13. Appeal

A. A person aggrieved by an order of the commission may obtain a trial de novo by

filing a notice of appeal in the district court of the county where the discriminatory

practice occurred or where the respondent does business. The notice of appeal must be filed within ninety days from the date of service of

the commission's order. A copy of the notice of appeal shall be served personally or by certified mail,

return receipt requested, on all parties who appeared before the commission at their

last known addresses. A copy of the notice of appeal shall also be served at the division in Santa Fe. An order of the commission shall not be superseded or stayed during the appeal unless

the district court so directs after notice to the commission and a hearing. B. If testimony at the hearing was transcribed, the division shall, upon receipt of

the notice of appeal, file so much of the transcript of the record as the parties

requesting the transcript designate as necessary for the appeal with the district

court. C. Upon appeal, either party may request a jury. The jurisdiction of the district court is exclusive and its judgment is final, subject

to further appeal to the court of appeals. D. If the complainant prevails in an action or proceeding under this section, the

court in its discretion may allow actual damages and reasonable attorney fees, and

the state shall be liable the same as a private person.