Dixon v. State of New Mexico Taxation & Revenue Department

2004 NMCA 044, 89 P.3d 680, 135 N.M. 431
CourtNew Mexico Court of Appeals
DecidedFebruary 17, 2004
Docket22,787, 22,827
StatusPublished
Cited by14 cases

This text of 2004 NMCA 044 (Dixon v. State of New Mexico Taxation & Revenue Department) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dixon v. State of New Mexico Taxation & Revenue Department, 2004 NMCA 044, 89 P.3d 680, 135 N.M. 431 (N.M. Ct. App. 2004).

Opinion

OPINION

CASTILLO, Judge.

{1} These consolidated cases originate from administrative proceedings before the New Mexico Taxation and Revenue Department, Motor Vehicle Division (MVD). In Robert Dixon’s case, an MVD hearing officer ruled that the hearing on a notice of revocation of Dixon’s driver’s license was timely and revoked it under the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (1978, as amended through 2003) (ICA). In Andrew Strickland’s case, MVD denied his application for a limited license under NMSA 1978, § 66-5-35 (2003). Both Dixon and Strickland appealed to the district court, which reversed MVD. MVD then filed direct appeals to this Court. We consolidated these cases because of one common question: In appealing to this Court, should MVD have filed petitions for writ of certiorari, instead of direct appeals? We hold that MVD should have filed petitions for writ of certiorari, as opposed to direct appeals; however, because of the unusual circumstances of these eases, we will treat the direct appeals as properly filed. On the merits, we affirm the district court in Dixon’s case and dismiss for lack of a final order in Strickland’s case.

I. PROCEDURE

A. Administrative Review in District Court

{2} There are two rules of civil procedure governing district court review of administrative decisions or orders: (1) Rule 1-074 NMRA 2003 and (2) Rule 1-075 NMRA 2003. Rule 1-074 governs review from decisions of administrative agencies when “there is a statutory right of review to the district court.” Rule 1-074(A). While there are a variety of statutes that allow review by the district court, NMSA 1978, § 39-3-1.1 (1999), provides authority for a great number of these administrative appeals. See § 39-3-l.l(A) (governing “judicial review of agency final decisions that are placed under the authority of [Section 39-3-1.1] by specific statutory reference”). Rule 1-075 relates to appeals to district court when there is no statutory authority for the appeal; as a consequence, this rule is not under consideration in this opinion.

B. Review in This Court

{3} Rule 1-074(T) provides that “[a]n aggrieved party may seek review of an order or judgment of the district court in accordance with the Rules of Appellate Procedure.” The Rules of Appellate Procedure provide two methods for obtaining review of a district court’s determination. First, Rule 12-201 NMRA 2003 governs direct appeals from suppression orders and “all other appeals” and provides that such appeals are initiated by filing a notice of appeal. Second, Rule 12-505(A)(1) NMRA 2003 governs review of district court decisions from “administrative appeals pursuant to Rule 1-074 NMRA and Section 39-3-1.1 NMSA 1978.” Rule 12-505(A)(1) is consistent with language in Section 39-3-1.1 that directs review of district court decisions by an appellate court to be accomplished “by filing a petition for writ of certiorari” with the appropriate court. Section 39-3-1.1(E). The question here is whether a party should file a notice of appeal or a petition for certiorari when that party is seeking review in this Court of a district court’s determination on appeal from an MVD decision revoking a license or denying a limited license.

{4} MVD argues that such review is obtained by filing a notice of appeal. In support of its argument, MVD maintains that Rule 12-505(A)(1) applies only to Rule 1-074 review that is authorized by Section 39-3-1.1. Specifically, MVD contends that district court review of revocations under the ICA is authorized by NMSA 1978, § 66-8-122(G) (1985)/and that district court review of denials of a limited license is authorized by Section 66-5-35(G). Neither of these statutes mentions Section 39-3-1.1. MVD therefore concludes that the legislature intended that the Rule 1-074 review in this Court of a district court’s determination regarding the ICA or limited licenses be made by direct appeal under Rule 12-201 and not by filing a petition for writ of certiorari under Rule 12-505(A)(1).

{5} Dixon apparently assumes that Rule 1-074 review should be pursued in light of Rule 12-505(A)(1) via a petition for writ of certiorari. Dixon argues that in either case — revocation under the ICA or denial of a limited license — district court review is authorized by Section 39-3-1.1. Dixon relies on language in NMSA 1978, § 66-5-36 (1999), which states in pertinent part: “A person denied a license or whose license has been canceled, suspended or revoked by the department ... may file an appeal in the district court pursuant to the provisions of Section 39-3-1.1.”

{6} We agree with Dixon. Statutory interpretation is a question of law. Largo v. Atchison, Topeka & Santa Fe Ry. Co., 2002-NMCA-021, ¶ 14,131 N.M. 621, 41 P.3d 347. In reviewing a statute, this Court’s role is to effect the legislature’s intent as evidenced by the statute’s plain terms and to avoid strained or absurd construction. State v. Pearson, 2000-NMCA-102, ¶ 5, 129 N.M. 762, 13 P.3d 980. The first rule of statutory construction is that the plain language of a statute is the primary indicator of legislative intent. Mem’l Med. Ctr., Inc. v. Tatsch Constr, Inc., 2000-NMSC-030, ¶27, 129 N.M. 677, 12 P.3d 431. The ICA deals with license revocation. Limited licenses are allowed in certain cases where a license has been revoked or suspended. Section 66-5-35. If the department does not approve the applicant’s request for a limited license, the license is considered denied, and the suspension or revocation remains in effect. Id. Clearly, the language of Section 66-5-36 applies to license revocations and denials, whether under the ICA or under other statutory authority. Consequently, the Rule 1-074 review in both cases is authorized by Section 39-3-1.1, and any review in this Court is obtained by filing a petition for writ of certiorari.

{7} MVD argues that Sections 66-8-112(G) and 66-5-35(G) have separate language authorizing review by a district court and contain no mention of Section 39-3-1.1; because the specific controls over the general, MVD contends these appeals are not governed by Section 39-3-1.1. We do not read the statutes to preclude application of Section 39-3-1.1; on the contrary, they can be read together harmoniously with Section 66-5-36 to effect the legislature’s intent to standardize the method for obtaining judicial review of final decisions of certain administrative agencies. See Hyden v. N.M. Human Servs. Dep’t, 2000-NMCA-002, ¶¶2, 8, 128 N.M. 423, 993 P.2d 740 (noting that Section 39-3-1.1 is “comprehensive administrative appeals legislation materially changing the method by which parties aggrieved by a final decision of certain administrative agencies could seek appellate review” and that Section 39-3-1.1 legislation “sought to simplify and standardize the method for obtaining judicial review of final decisions of certain administrative agencies”).

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Bluebook (online)
2004 NMCA 044, 89 P.3d 680, 135 N.M. 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-state-of-new-mexico-taxation-revenue-department-nmctapp-2004.