New Mexico § 70-3-15 - Validity of regulation; judicial review

§ 70-3-15. Validity of regulation; judicial review

A. Any person who is a party to any proceeding before the commission and who is or

may be adversely affected by a regulation adopted by the commission, or by any order

of the commission, may appeal by petition to the court of appeals for such relief

as may be granted by the court, charging in the petition that the regulation or order

is unreasonable, unlawful, capricious, arbitrary, inappropriate for the particular

type of pipeline transportation or fails to contribute to the public safety. The petition shall name the New Mexico corporation commission [public regulation

commission] as the appellee therein and shall state briefly the nature of the proceeding

before the commission and shall set forth the regulation or order complained of and

the grounds upon which the petitioner will rely. Appeals shall be upon the record made at the commission hearing on the regulation

or order, and shall be taken: (1) within thirty days after the regulation is filed in accordance with the provisions

of the State Rules Act; or (2) within thirty days after the effective date of the commission's order, whichever

is the later date. B. An appeal does not stay the operation of the commission's order or regulation,

unless the court of appeals orders a stay of the operation of the order or regulation

on such terms as it deems just and in accordance with the practice of the courts exercising

equity jurisdiction.