N.M. Admin. Code § 8.50.130.24

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.50.130.24 - RIGHT OF APPEAL

Either party has the right to judicial review of the administrative law judge's decision or a denial of a hearing issued pursuant to 8.50.130.15 NMAC, unless a written withdrawal of request for hearing was signed by the appellant. If a hearing decision is in favor of the Title IV-D agency, appellant is notified of the right to pursue judicial review at the time of the decision.

A. Timeframes for appealing decision: Within 30 days after the date on the administrative law judge's decision, an appellant or the Title IV-D agency may appeal by filing an appropriate action for judicial review with the clerk of the appropriate district court, and filing a copy with the Title IV-D administrative law judge.

B. Record sent to district court: All appeals to the district court are on the record made at the hearing. The administrative law judge files one copy of the hearing record with the clerk of the appropriate district court and furnishes one copy to the appellant within 20 days after receipt of the notice of appeal.

C. Stay pending appeal: An appeal to the state district court shall act as a stay of the underlying administrative action, pending the court's ruling.

N.M. Admin. Code § 8.50.130.24

8.50.130.24 NMAC - Rp, 8.50.130.20 NMAC, 12/30/10, Amended by New Mexico Register, Volume XXXII, Issue 23, December 14, 2021, eff. 1/1/2022