Section 7-1-25 - Appeals from secretary's decision and order. - New Mexico Statutes

7-1-25. Appeals from secretary's decision and order.

A.     If the protestant or secretary is dissatisfied with the decision and order of the hearing officer, the party may appeal to the court of appeals for further relief, but only to the same extent and upon the same theory as was asserted in the hearing before the hearing officer. All such appeals shall be upon the record made at the hearing and shall not be de novo. All such appeals to the court of appeals shall be taken within thirty days of the date of mailing or delivery of the written decision and order of the hearing officer to the protestant, and, if not so taken, the decision and order are conclusive.   

B.     The procedure for perfecting an appeal under this section to the court of appeals shall be as provided by the Rules of Appellate Procedure.   

C.     Upon appeal, the court shall set aside a decision and order of the hearing officer 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 the law.   

D.     If the secretary appeals a decision of the hearing officer and the court's decision, from which either no appeal is taken or no appeal may be taken, upholds the decision of the hearing officer, the court shall award reasonable attorney's fees to the protestant. If the decision upholds the hearing officer's decision only in part, the award shall be limited to reasonable attorney's fees associated with the portion upheld.