N.M. Stat. § 65-2A-35

Current through 2024, ch. 69

Section 65-2A-35 - Appeal to supreme court

A. A motor carrier or other interested person aggrieved by a final order or determination of the department issued pursuant to the Motor Carrier Act may appeal to the supreme court within thirty days. The appellant shall pay to the department the costs of preparing and transmitting the record to the court.

B. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may petition the department or the supreme court for a stay of the order.

C. The appeal shall be on the record of the hearing before the department and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the department's order unless it is:

(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.

NMS § 65-2A-35

Laws 2003, ch. 359, § 35.

Amended by 2023, c. 100,s. 61, eff. 7/1/2024.