Section 28-1-6 - Validity of regulation; judicial review. - New Mexico Statutes

28-1-6. Validity of regulation; judicial review.

A.     Any person who is or may be affected by a regulation adopted by the secretary may appeal to the court of appeals for further relief. All appeals shall be upon the record made at the hearing and shall be taken to the court of appeals within thirty days after filing of the regulation.   

B.     The procedure for perfecting an appeal to the court of appeals under this section consists of the timely filing of a notice of appeal with a copy of the regulation from which the appeal is taken. The appellant shall certify in his notice of appeal that arrangements have been made with the secretary for preparation of a sufficient number of transcripts of the record of the hearing on which the appeal depends to support his appeal to the court, at the expense of the appellant, including three copies which he shall furnish to the secretary.   

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

(1)     arbitrary, capricious or an abuse of discretion;   

(2)     not supported by a preponderance of evidence in the record; or   

(3)     otherwise not in accordance with law.