A. Any person adversely affected by an order of the commission may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
B. Any person adversely affected by a regulation adopted by the commission may appeal to the court of appeals. All appeals shall be upon the record made at the hearing or contained in the public repository file and shall be taken to the court of appeals within thirty days following the date of the filing of the regulation by the commission pursuant to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978].
C. Upon appeal, the court of appeals shall set aside the regulation 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.
D. After a hearing and a showing of good cause by the appellant, a stay of the regulation being appealed may be granted:
(1) by the commission; or
(2) by the court of appeals if the commission denies a stay or fails to act upon an application for a stay within sixty days after receipt of the application.
E. The appellant shall pay all costs for any appeal found to be frivolous by the court of appeals.
History: Laws 1995, ch. 145, § 8; 1999, ch. 265, § 26.
ANNOTATIONSThe 1999 amendment, effective July 1, 1999, added Subsection A; redesignated former Subsection A as Subsection B, and in that subsection, substituted "a regulation adopted by the commission" for "an administrative action taken by the commission" in the first sentence, and substituted the language beginning "filing of the regulation" for "action" in the second sentence; and deleted former Subsection B, which read "For appeals of regulations, the date of the action shall be the date of the filing of the regulation by the commission pursuant to the provisions of the State Rules Act".