2011 New Mexico Statutes
Chapter 74: Environmental Improvement
Article 3: Radiation Control, 74-3-1 through 74-3-16
Section 74-3-11.2: Administrative actions; appeals.
74-3-11.2. Administrative actions; appeals.
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.
Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
