A. Except as to matters covered by, or appealable under, Section 13 [58-10-13 NMSA 1978] of the Savings and Loan Act, any association or person aggrieved and directly affected by a decision, order or regulation of, or failure to act by, the supervisor, may appeal to the district court of the county in which the person resides or maintains its principal office within thirty days after issuance of the order or within thirty days after it becomes reviewable. The filing of an appeal does not stay enforcement of an order unless the court orders a stay upon terms it deems proper.
B. The district court may affirm the order of the supervisor, may direct the supervisor to take action as affirmatively required by law or may reverse or modify the order of the supervisor if the court finds the order was:
(1) issued pursuant to an unconstitutional statutory provision;
(2) in excess of statutory authority;
(3) arbitrary or capricious;
(4) issued upon unlawful procedure; or
(5) not supported by substantial evidence in the record.
C. The decision of the district court may be appealed to the court of appeals as in other civil cases.
History: 1953 Comp., § 48-15-133, enacted by Laws 1967, ch. 61, § 89.
ANNOTATIONSCross references. — For when order is final, see 58-10-84 NMSA 1978.
For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
For meaning of "supervisor", see 58-10-2J NMSA 1978.
For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
There is no presumption against judicial review and in favor of administrative absolution unless that purpose is fairly discernible in the statutory scheme, and there is no evidence in the Savings and Loan Act (Section 58-10-1 NMSA 1978 and notes thereto) indicating the legislature intended to preclude judicial review. Rather the act indicates the contrary. De Vargas Sav. & Loan Ass'n v. Campbell, 1975-NMSC-026, 87 N.M. 469, 535 P.2d 1320.
Assertion of undue competitive injury grant, standing to combat branch. — To attain standing in a suit arguing the unlawfulness of governmental action, the complainant must allege that he is injured in fact or is imminently threatened with injury, economically or otherwise. Appellants had standing to seek review of the supervisor's order as associations "aggrieved and directly affected" by it where they asserted they would suffer from undue competitive injury if another branch was permitted in Santa Fe, and that another branch would not be to the advantage of the community; the protection of these interests is explicitly recognized in Section 58-10-17A NMSA 1978. De Vargas Sav. & Loan Ass'n v. Campbell, 1975-NMSC-026, 87 N.M. 469, 535 P.2d 1320.