Section 61-1-31 - Validity of regulation; judicial review. - New Mexico Statutes

61-1-31. Validity of regulation; 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 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 regulation under the State Rules Act [14-4-1 NMSA 1978].   

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 regulation from which the appeal is taken. The appellant shall certify in his 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 his appeal to the court, at the expense of the appellant, including three copies which he shall furnish to the board.   

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)     contrary to law; or   

(3)     against the clear weight of substantial evidence of the record.