A. Any person who is or may be affected by any final administrative action of the board or the secretary may appeal to the court of appeals for further relief within thirty days after the action. All appeals shall be upon the record before the board or the secretary.
B. For appeals of regulations, the date of the action shall be the date of filing of the regulation under the State Rules Act [Chapter 14, Article 4 NMSA 1978].
C. Upon appeal, the court of appeals shall set aside the action 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. A stay of enforcement of the action being appealed may be granted after hearing and upon good cause shown:
(1) by the board or the secretary, whichever took the action being appealed; or
(2) by the court of appeals if the board or the secretary denies a stay or fails to act upon an application for a stay within sixty days after receipt.
History: 1978 Comp., § 74-4-14, enacted by Laws 1992, ch. 43, § 6.
ANNOTATIONSCompiler's notes. — This section was enacted as 74-4-6 NMSA 1978 but was redesignated by the compiler, since a section with the same code number had previously been enacted (repealed by Laws 1981 (1st S.S.), ch. 8, § 12).
Untimely appeal of administrative action. — Where the New Mexico environment department (department) issued a determination in 2011 regarding the time-line of a five-year report on the feasibility of excavation of a mixed waste landfill and any likelihood of contaminants reaching groundwater, plaintiff's 2014 appeal of the department's 2011 decision regarding the time-line for the first five-year report was untimely. Citizen Action N.M. v. N.M. Env't Dep't, 2015-NMCA-058, cert. denied, 2015-NMCERT-005.