§ 30-38. Judicial review; administrative actions.

(a)

Any person adversely affected by an administrative action taken by the board or the director may appeal to the court of appeals. All appeals shall be upon the record made at the hearing and shall be taken to the court of appeals within 30 days following the date of the action being appealed.

(b)

For appeals of regulations, that date of the action shall be the date of the filing of the regulation by the board pursuant to the State Rules Act, (NMSA 1978, §§ 14-3-24, 14-3-25, 14-4-1 et seq.).

(c)

Upon appeal, the court of appeals shall set aside the action only if found to be:

(1)

Arbitrary, capricious or an abuse of discretion;

(2)

Not supported by substantial evidence in the record; or

(3)

Otherwise not in accordance with law.

(d)

After a hearing and a showing of good cause by the appellant, a stay of action being appealed may be granted:

(1)

By the board or the director, whichever took the action being appealed; or

(2)

By the court of appeals if the board or the director denies a stay or fails to act upon an application for a stay within 60 days after receipt of the application.

(Ord. No. 94-5, § 9, 2-2-94)

State law reference

Similar provisions, NMSA 1978, § 74-2-9.