A. Any person adversely affected by an administrative action taken by the board or the director may appeal the action to the court of appeals. The appeal shall be on the record made at the hearing. To support his appeal, the appellant shall make arrangements with the division for a sufficient number of transcripts of the record of the hearing on which the appeal is based. The appellant shall pay for the preparation of the transcripts.

Terms Used In New Mexico Statutes 74-9-30

  • 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. On appeal, the court of appeals shall set aside the administrative action only if it is 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.

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