2018 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 8 - Administrative Procedures Act
Section 12-8-1 - Short title.

This act [12-8-1 through 12-8-25 NMSA 1978] may be cited as the "Administrative Procedures Act."

History: 1953 Comp., § 4-32-1, enacted by Laws 1969, ch. 252, § 1.

Cross references. — For applicability of act, see 12-8-23 NMSA 1978.

For public meetings of policy-making bodies, see 10-15-1 to 10-15-4 NMSA 1978.

Court of appeals lacks jurisdiction to review decisions of commissioner of revenue under the Administrative Procedures Act (12-8-1 NMSA 1978 et seq.), but does have jurisdiction to review such decisions under Section 7-1-25 NMSA 1978 of the Tax Administration Act (Chapter 7, Article 1 NMSA 1978). Westland Corp. v. Comm'r of Revenue, 1971-NMCA-083, 83 N.M. 29, 487 P.2d 1099, cert. denied, 83 N.M. 22, 487 P.2d 1092.

Presence of counsel during employee interviews. — Employees may request that counsel of their choosing be present during interviews by the environmental improvement division and such counsel may be company counsel, unless such counsel obstructs and impedes the division's investigation. Kent Nowlin Constr., Inc. v. Envtl. Improvement Div., 1982-NMSC-094, 99 N.M. 294, 657 P.2d 621.

Law reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Resources J. 840 (1970).

For survey, "Administrative Law," see 6 N.M. L. Rev. 401 (1976).

For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M. L. Rev. 105 (1973).

For note, "Administrative Law Whole Record Review and the Real Story Behind Walck v. City of Albuquerque", see 23 N.M. L. Rev. 237 (1993).

For annual survey of New Mexico law relating to administrative law, see 12 N.M.L. Rev. 1 (1982).

For comment, "Survey of New Mexico Law: Administrative Law," see 15 N.M.L. Rev. 119 (1985).

For 1984-88 survey of New Mexico administrative law, see 19 N.M.L. Rev. 575 (1990).

For survey of 1988-89 Administrative Law, see 21 N.M.L. Rev. 481 (1991).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 1 et seq.

Appealability under "collateral order" doctrine of order staying or dismissing, or refusing to stay or dismiss, proceedings in United States District Court pending federal or state administrative determination, 40 A.L.R. Fed. 740.

73 C.J.S. Public Administrative Law and Procedure §§ 49 to 114; 73A C.J.S. Public Administrative Law and Procedure §§ 115 to 271.