N.M. Admin. Code § 10.4.10.16
Current through Register Vol. 35, No. 21, November 5, 2024
Section 10.4.10.16 - APPEAL TO DISTRICT COURTA. Any party aggrieved by the decision of the board or the state personnel office designated hearing officer made pursuant to this part may appeal the decision to the district court in the district in which they reside, is employed or maintains a principal office or to the district court for the district of Santa Fe county. The appeal shall be initiated by filing a notice of appeal with the clerk of the appropriate district court within thirty (30) days after the service on that party of a written copy of the final decision of the board or the state personnel office designated hearing officer. Upon appeal the district court shall affirm the decision of the board or the state personnel office designated hearing officer unless the decision is found to be: (1) arbitrary, capricious or an abuse of discretion;(2) not supported by substantial evidence; or(3) otherwise not in accordance with law.B. An appeal from the decision of the district court may be taken to the court of appeals in accordance with the rules of civil procedure.N.M. Admin. Code § 10.4.10.16
10.4.10.16 NMAC - N, 6/30/2010