N.M. R. Civ. P. Dist. Ct. 1-077

As amended through August 23, 2024

Rule 1-077 - Appeals pursuant to Unemployment Compensation Law

A.Scope of rule. This rule governs appeals from final decisions of the board of review of the Workforce Transition Services Division or the secretary of the Department of Workforce Solutions pursuant to Section 51-1-8 NMSA 1978 of the Unemployment Compensation Law [Section 51-1-1 NMSA 1978].

B.Filing appeal. An appeal pursuant to Section 51-1-8 NMSA 1978 may be taken by an aggrieved person filing a notice of appeal in the form of a petition for writ of certiorari in the county in which the person seeking the review resides. The district court of any other county has jurisdiction to hear an appeal pursuant to this rule upon a determination by the district court where the petition is filed that, as a matter of equity and due process, venue should be in that county. The writ of certiorari shall contain a short statement of the proceedings and the grounds relied on for issuance of a permanent writ.

C.Time for appeal. An appeal in the form of a petition for writ of certiorari pursuant to this rule shall be filed in the district court within thirty (30) days from the date of the final decision of the secretary or board of review. The three (3)-day mailing period set forth in Rule 1-006 NMRA does not apply to the time limit for filing a notice of appeal.

D.Docketing the appeal. Upon the filing of the petition for writ of certiorari and payment of the docket fee, if required, the clerk of the district court shall docket the appeal in the district court. No individual claiming benefits shall be charged fees of any kind by any court or officer thereof.

E.Service. The petition for writ of certiorari shall be served by the petitioner on the Office of General Counsel of the Department of Workforce Solutions, the respondent former employer or employee, and all other parties to the proceedings before the secretary or board of review.

F.Petitioner's statement of appellate issues. The petitioner shall set forth in the petition for writ of certiorari a statement of the appellate issues under appropriate headings and in the order here indicated:

(1) a statement of the issues;

(2) a concise summary of the proceedings which shall indicate briefly the nature of the case, the course of proceedings, and the disposition of the secretary or board of review. The summary shall include a short recitation of all facts relevant to the issues presented for review. The summary shall also state how the issues were preserved in the proceedings before the agency; and

(3) a statement of the precise relief sought.

G.Response and record on appeal. Upon the filing of a petition for writ of certiorari pursuant to this rule, the court shall enter a writ of certiorari provided by the petitioner directing the Department of Workforce Solutions to file the record on appeal within twenty (20) days from the date of service of the writ. The record on appeal shall include a copy of all reports, papers, pleadings, and documents filed in the proceedings before the board of review or the secretary and a certified transcript of proceedings before the secretary or board of review. If the transcript of the proceedings is an audio recording, the Department of Workforce Solutions shall prepare and file with the district court a duplicate of the recording.

H.Supersedeas. No bond shall be required in an appeal to the district court pursuant to this rule.

I.Hearing. An appeal pursuant to this rule shall be heard in a summary manner and shall be given precedence over all other civil cases.

J.Scope of review. The district court shall determine the appeal upon the evidence introduced at the hearing before the board of review or secretary of the Department of Workforce Solutions. The district court may enter an order reversing the decision of the board of review or the secretary if it finds that:

(1) the board of review or secretary acted fraudulently, arbitrarily, or capriciously;

(2) based upon the whole record on appeal, the decision of the board of review or secretary is not supported by substantial evidence; or

(3) the action of the board of review or secretary was outside the scope of authority of the agency.

K.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 NMRA 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.

L.Further review. An aggrieved party may seek further review of an order or judgment of the district court in accordance with Rule 12-505 NMRA of the Rules of Appellate Procedure.

N.M. R. Civ. P. Dist. Ct. 1-077

Adopted, effective 1/1/1996; as amended by Supreme Court Order No. 11-8300-012, effective 4/18/2011; as amended by Supreme Court Order No. 13-8300-017, effective for all cases pending or filed on or after12/31/2013.

ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-017, effective December 31, 2013, specified that the rule applies to further review of orders and judgments of the district court; and in Paragraph L, in the title, deleted "Appeal" and added "Further review", after "aggrieved party may", deleted "appeal" and added "seek further review of", and after "in accordance with", added "Rule 12-505 NMRA of". The 2011 amendment, approved by Supreme Court Order No. 11-8300-012, effective April 18, 2011, changed references to the Labor Department and its divisions to reflect the change in name of the Department to the Department of Workforce Solutions; in Paragraph E, required that the petitioner serve the writ of certiorari on the respondent former employer or employee and eliminated the requirement that the writ of certiorari be served in accordance with Section 51-1-8 NMSA 1978; and in Paragraph G required the petitioner to provide a form of writ of certiorari when the petition is filed and increased the time to file the record on appeal. Appellate review. - Employer had ample opportunity to present evidence in support of its contentions that employee was intoxicated, and failed to do so to the board of review's satisfaction. The test results were unaccompanied by any certification assuring that proper collection or testing procedures were followed, and the district court did not grant the board of review its proper authority to exclude evidence and substitute its own findings of fact for those of the hearing officer. Mississippi Potash, Inc. v. Lemon, 2003-NMCA-014, 133 N.M. 128, 61 P.3d 837.