New Mexico § 74-3-11.2 Administrative actions; appeals

New Mexico Statutes

§ 74-3-11.2 — Administrative actions; appeals

New Mexico § 74-3-11.2

Ch. 74Environmental Improvement

Art. 3Radiation Control

This text of New Mexico § 74-3-11.2 (Administrative actions; appeals) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 74-3-11.2 (2026).

Text

A. A person who is adversely affected by a final administrative action of the secretary may appeal to the court of appeals for further relief within thirty days after the action. All appeals shall be on the administrative record developed by the secretary. B. Upon appeal, the court of appeals shall set aside the action only if it is found to be:

(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. C. A stay of enforcement of the action being appealed may be granted after hearing and upon good cause shown:

(1)by the secretary; or (2) by the court of appeals if the secretary denies a stay or fails to act upon an application for a stay within sixty days after receipt.

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A. A person who is adversely affected by a final administrative action of the secretary may appeal to the court of appeals for further relief within thirty days after the action. All appeals shall be on the administrative record developed by the secretary. B. Upon appeal, the court of appeals shall set aside the action only if it is found to be: (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. C. A stay of enforcement of the action being appealed may be granted after hearing and upon good cause shown: (1) by the secretary; or (2) by the court of appeals if the secretary denies a stay or fails to act upon an application for a stay within sixty days after receipt.