New Mexico Statutes 70-2-12.2. Adoption of rules; appeals
A. No rule shall be adopted pursuant to the Oil and Gas Act until after a hearing by the commission.
Terms Used In New Mexico Statutes 70-2-12.2
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
B. Any rule adopted under the Oil and Gas Act shall be filed and published in accordance with the State Rules Act [N.M. Stat. Ann. Chapter 14, Article 4]. No rule shall be filed until the latter of twenty days after the commission has entered an order or has refused a rehearing application pursuant to Section 70-2-25 N.M. Stat. Ann..
C. Any party of record to the proceeding before the commission or any person adversely affected by a rule adopted under the Oil and Gas Act may appeal to the court of appeals within thirty days after filing of the rule under the State Rules Act. All such appeals shall be upon the record made by the commission. Upon appeal, the court of appeals shall set aside the rule 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 law.
D. As used in this section, “rule” includes an amendment or repeal of a rule.