2011 New Mexico Statutes
Chapter 65: Motor Carriers
Article 2A: Motor Carrier Act, 65-2A-1 through 65-2A-40
Section 65-2A-35: Appeal to supreme court.
65-2A-35. Appeal to supreme court.
A. A motor carrier or other interested person aggrieved by a final order or determination of the commission issued pursuant to the Motor Carrier Act [65-2A-1 NMSA 1978] may appeal to the supreme court within thirty days. The appellant shall pay to the commission 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 commission or the supreme court for a stay of the order.
C. The appeal shall be on the record of the hearing before the commission and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the commission'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.
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