A. A person who is adversely affected by a final administrative action of the secretary may appeal to the court of appeals for further relief within thirty days after the action. All appeals shall be on the administrative record developed by the secretary.

Terms Used In New Mexico Statutes 74-3-11.2

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

be:

B. Upon appeal, the court of appeals shall set aside the action only if it is found to (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 stay of enforcement of the action being appealed may be granted after hearing and upon good cause shown:

(1)     by the secretary; or

(2)     by the court of appeals if the secretary denies a stay or fails to act upon an application for a stay within sixty days after receipt.

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