N.M. Admin. Code § 8.14.15.16

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.14.15.16 - JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

A. In the event of an appeal to state district court, Rule 1-077 is followed.

B. Record proper:

(1) The hearing officer is responsible for creating the record proper.

(2) All exhibits admitted into evidence, orders, submissions or motions the parties file and tapes or other transcripts of the hearing compose the record proper.

(3) The expense of copying tape recorded testimony and any other expense of preparing the record, including accompanying costs, are the appellant's responsibility.

(4) The appellant certifies in the pleadings filed with the court that arrangements have been made for preparation of the record proper. Within thirty (30) days after service of the appeal, the department files a certified copy of the original and two duplicate copies of the tapes of the hearing under review together with the original and two (2) copies of the official file maintained and certified by the hearing officer.

(5) In the event the judicial appeal involves a request for injunctive relief by either party, the department files a certified copy of the original and two (2) duplicate copies of the tapes of the hearing under review together with the original and two (2) copies of the official file maintained and certified by the hearing officer within ten (10) days after service of the notice of judicial appeal.

C. Court ordered stay: Filing for judicial review does not stay enforcement of the final decision. A motion in state district court is filed concerning any issuance of a stay. Safety of the residents in the facility is the primary consideration when a stay is requested.

N.M. Admin. Code § 8.14.15.16

8.14.15.16 NMAC - N, 7/31/01