A. Within forty-five days after the appointment of the hearing officer:
(1) the hearing officer shall prepare a report upon the matters submitted to him by the order of his appointment and shall make findings of fact and conclusions of law. He shall file the report with the clerk of the court and unless waived by the parties he shall file with it a transcript or other authorized recording of any proceedings and of the evidence and the original exhibits. The clerk shall mail notice of the filing to all parties; and
(2) the district court shall accept the hearing officer's findings of fact unless clearly erroneous. Within ten days after being served with notice of the filing of the report, either party may appeal the decision of the hearing officer to the district court. The court, after review, may adopt or modify the report.
B. If the appealing party does not prevail in his appeal, the court shall award the other party reasonable attorneys' fees and court costs incurred on appeal.
C. If an appeal is not filed within ten days of the parties being served with notice of the filing of the report or at the conclusion of any appeal, the district court shall enter a final judgment granting or modifying the easement sought to be acquired including the terms and compensation of the easement.
History: Laws 1988, ch. 26, § 6.
ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
Standard of review. — Where a party maintained that the hearing officer made findings incorrectly under 70-3A-5(B) and (C) NMSA 1978, the determination of whether the hearing officer's decision was in accordance with the Gathering Line Land Acquisition Act was a question of law to be decided by the appellate court de novo. El Paso Field Servs. Co. v. Montoya Sheep & Cattle Co., 2003-NMCA-113, 134 N.M. 375, 77 P.3d 279.
Scope of review of district court. Zamora v. Village of Ruidoso Downs, 1995-NMSC-072, 120 N.M. 778, 907 P.2d 182.