New Mexico § 61-1-31 - Validity of rule; judicial review

§ 61-1-31. Validity of rule; judicial review

A. A person who is or may be affected by a rule promulgated by a board may appeal

to the court of appeals for relief. All appeals shall be upon the record made at the hearing by the board and shall

be taken to the court of appeals within thirty days after filing of the rule pursuant

to the State Rules Act. B. An appeal to the court of appeals under this section is perfected by the timely

filing of a notice of appeal with the court of appeals, with a copy attached of the

rule from which the appeal is taken. The appellant shall certify in the appellant's notice of appeal that arrangements

have been made with the board for preparation of a sufficient number of transcripts

of the record of the hearing on which the appeal depends to support the appellant's

appeal to the court, at the expense of the appellant, including three copies that

the appellant shall furnish to the board. C. Upon appeal, the court of appeals shall set aside the rule only if it is found

to be: (1) arbitrary, capricious or an abuse of discretion; (2) contrary to law; or (3) against the clear weight of substantial evidence of the record.