New Mexico Statutes 1-19A-16. Appeals
The procedure for challenging a certification decision by the secretary is as follows:
Terms Used In New Mexico Statutes 1-19A-16
- 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.
A. a person aggrieved by a certification decision or a decision regarding the distribution of matching funds may appeal to the secretary within three days of the decision. The appeal shall be in writing and shall set forth the reasons for appeal;
B. within five days after an appeal is properly made, and after due notice is given to the parties in dispute, the secretary shall hold a hearing whereby:
(1) the appellant has the burden of providing evidence to demonstrate that the secretary’s decision was improper; and
(2) the secretary shall rule on the appeal within three days after the completion of the hearing;
C. the parties in dispute may appeal the decision of the secretary by commencing an action in district court; and
D. certified candidates whose certification is revoked on appeal shall return to the secretary any unspent money distributed from the fund. If the secretary or court finds that an appeal was made frivolously or to result in delay or hardship, the secretary or court may sanction the moving party by requiring the party to pay costs of the administrative hearing, the court hearing and the opposing parties.