Appeal on the record.

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The appeal shall be heard on the record made before the commission, and the supreme court shall not permit the introduction of new evidence addressed to any of the issues presented at the hearing before the commission.

History: Laws 1941, ch. 84, § 68; 1941 Comp., § 72-903; 1953 Comp., § 68-9-3; Laws 1965, ch. 289, § 16; 1982, ch. 109, § 13.

ANNOTATIONS

Compiler's notes. — Sections 62-11-1 to 62-11-6 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.

Administrative decisions. — In review of administrative orders, additional evidence cannot be introduced. Llano, Inc. v. Southern Union Gas Co., 1964-NMSC-257, 75 N.M. 7, 399 P.2d 646.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 73B C.J.S. Public Utilities §§ 126 to 138.


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