A. A motor carrier or other interested person aggrieved by a final order or determination of the department issued pursuant to the Motor Carrier Act may appeal to the supreme court within thirty days. The appellant shall pay to the department the costs of preparing and transmitting the record to the court.

Terms Used In New Mexico Statutes 65-2A-35 v2

  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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.

B. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may petition the department or the supreme court for a stay of the order.

C. The appeal shall be on the record of the hearing before the department and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the department’s order unless it is:

(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.

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