N.M. Admin. Code § 19.31.2.21

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.31.2.21 - JUDICIAL REVIEW

In accordance with Section 17-3-34 NMSA 1978, any person whose privileges have been revoked by the commission or department, and who has requested and received a hearing, may appeal to the district court for further relief. Upon appeal, the district court shall set aside, reverse or remand the decision only if it determines:

A. the agency, commission or hearing officer acted fraudulently, arbitrarily or capriciously;

B. the final decision was not supported by substantial evidence; or

C. the agency did not act in accordance with law.

N.M. Admin. Code § 19.31.2.21

19.31.2.21 NMAC - Rp, 19.31.2.21 NMAC, 09-14-2012, Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/19/2017, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 4/1/2019, Adopted by New Mexico Register, Volume XXXIII, Issue 06, March 22, 2022, eff. 4/1/2022