Rule 1-076 - Appeals from Human Rights CommissionA.Scope of rule. This rule governs de novo appeals from the Human Rights Commission, or "commission", to the district court.B.Filing appeal. An appeal from the Human Rights Commission may be taken by filing a notice of appeal in the form of a complaint in the district court in the manner provided by these rules for the filing of a civil action in the district court. An appeal may be taken by:(1) any aggrieved person, including the complainant, by an order of the commission; or (2) if the director has served notice of a waiver of the complainant's right to hearing, by the complainant. C.Joinder or claims and parties. In compliance with the provisions of Rules 1-018, 1-019 and 1-020 NMRA, a complaint filed pursuant to this rule may: (1) include issues not raised in the Human Rights Commission proceeding; and(2) join persons who were not parties in the Human Rights Commission proceeding. If additional claims or parties are included in the complaint on appeal, service shall be made in accordance with Rule 1-004 NMRA.
D.Time for filing appeals. An appeal from the Human Rights Commission shall be taken within ninety (90) days from the date of service on the parties to the administrative proceeding of: (1) the commission's order; or(2) the director's or complainant's notice of waiver of the complainant's right to hearing before the commission. If a timely notice of appeal is filed by a party, any other party may file a cross notice of appeal in the form of a cross-complaint within ten (10) days after the date on which the notice of appeal was served or within the time otherwise prescribed by this rule, whichever period expires last. The three (3) day mailing period set forth in Rule 1-006 does not apply to the time limit for filing a notice of appeal. A notice of appeal filed after the announcement of a decision by the commission, but before the decision or order is served by the commission, shall be treated as timely filed.
E.Service. A copy of the complaint or cross-complaint shall be served on all parties who appeared before the commission and on the commission in the manner provided by law.F.Docketing the appeal. Upon the filing of the notice of appeal and payment of the docket fee, the clerk of the district court shall docket the appeal in the district court. Notwithstanding any other provision of this rule, no docket fee or other cost shall be imposed upon a state agency or a political subdivision of the state in any such appeal.G.Transcript of proceedings. Within ten (10) days after service of the notice of appeal, each party shall designate which part of the transcript of the proceedings of the Human Rights Commission, whether stenographically recorded or tape recorded, is to be filed in the district court. Within thirty (30) days after receipt from the parties of the designation of transcript, the Human Rights Division of the Labor Department shall file with the clerk of the district court the designated parts of the transcript of proceedings of the commission. If the transcript of the proceedings is a tape recording, the commission shall prepare and file with the district court a duplicate of the tape and index log. H.Rules applicable on appeal. After service of the complaint in the manner provided by law, the Rules of Civil Procedure for the District Courts of New Mexico shall apply to and govern the procedure in the district court for de novo appeals from the Human Rights Commission.I.Jury trial. Any party may demand a jury trial by filing a demand in the manner provided by Rule 1-038 NMRA.J.Rehearing. A motion for reconsideration may be filed within ten (10) days after filing of the district court's final order. The three (3) day mailing period set forth in Rule 1-006 does not apply to the time limits set by this rule. The motion shall state briefly and with particularity, but without argument, the points of law or fact that in the opinion of the movant the court has overlooked or misapprehended. No response to a motion for rehearing shall be filed unless requested by the court.K.Stay. A party appealing a decision or order of the Human Rights Commission may petition the district court for a stay of enforcement of the order or decision of the commission. Upon notice to the commission and the parties and a hearing, the district court may grant a stay of enforcement of the order or decision of the commission.L.Appeal. An aggrieved party may appeal an order or judgment of the district court in accordance with the Rules of Appellate Procedure.N.M. R. Civ. P. Dist. Ct. 1-076
Adopted, effective 1/1/1996; as amended by Supreme Court Order No. 06-8300-012, effective 6/12/2006. ANNOTATIONS The 2006 amendment, approved by Supreme Court Order No. 06-8330-012, effective June 12, 2006, in Paragraph D changed the time for taking an appeal from 30 to 90 days to conform the rule with the 2005 amendment of 28-1-13 NMSA 1978 to change the time for taking an appeal from 30 to 90 days.