A. If after hearing before the secretary of finance and administration such suspension is continued, the person suspended shall have the right to appeal to the district court of the county where he was serving as an official within thirty days after entry of the order of suspension.

Terms Used In New Mexico Statutes 10-5-7

  • 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 shall set aside an order of suspension 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 the law.

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