N.M. Admin. Code § 8.8.4.13

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

Section 8.8.4.13 - JUDICIAL REVIEW

A. An appeal of final decisions by the secretary must be made to the appropriate district court pursuant to Rules 1-074 or 1-075, NMRA.

B. The hearing officer or hearing office administrator is responsible for creating the record proper.

C. All exhibits admitted into evidence, orders, submissions or motions filed and tapes or other transcripts of the hearing compose the record proper.

D. The expense of copying tape recorded testimony and any other expense of preparing the record, including accompanying costs, are the appealing party's responsibility.

E. Filing for judicial review does not stay enforcement of the final decision. A motion in state district court is filed concerning any issuance of a stay. Health and safety of department clients is the primary consideration when a stay is requested.

N.M. Admin. Code § 8.8.4.13

8.8.4.13 NMAC - N, 2/15/2002, Adopted by New Mexico Register, Volume XXVII, Issue 05, March 15, 2016, eff. 3/15/2016