Section 50-9-15 - Validity of regulation; variance determination; judicial review. - New Mexico Statutes

50-9-15. Validity of regulation; variance determination; judicial review.

A.     Any person who is or may be affected by a regulation adopted by the board 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 pursuant to the State Rules Act [14-4-1 NMSA 1978]. The board shall be made a party to the action.   

B.     Upon appeal, the court of appeals shall set aside a regulation only if it is 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.   

C.     A variance petitioner may appeal to the district court from an order of the department denying the variance. The appeal shall be filed pursuant to the provisions of Section 39-3-1.1 NMSA 1978.