2020 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 8 - Administrative Procedures Act
Section 12-8-23 - Applicability of act.

The provisions of the Administrative Procedures Act apply to agencies made subject to its coverage by law, or by agency rule or regulation if permitted by law.

In the event of any conflict between any existing law and the provisions of the Administrative Procedures Act, the provisions of the Administrative Procedures Act control unless specific exceptions are enumerated in the law or rule which makes an agency subject to the provisions of the Administrative Procedures Act, or unless a later law provides specific exceptions.

History: 1953 Comp., § 4-32-23, enacted by Laws 1969, ch. 252, § 23.

Quasi-judicial role of agency. — An administrative agency acts in its quasi-judicial role when it investigates or ascertains the existence of facts, holds hearings and draws conclusions from them. Southworth v. Santa Fe Servs., Inc., 1998-NMCA-109, 125 N.M. 489, 963 P.2d 566.

Only those agencies as are specifically placed by law under Administrative Procedures Act are subject to its provisions. Since public employees retirement board had not been placed under the act, nor subjected to its provisions, court of appeals did not have jurisdiction to review decisions of that agency. Mayer v. Pub. Employees Ret. Bd., 1970-NMCA-005, 81 N.M. 64, 463 P.2d 40

Court of appeals lacks jurisdiction to review decisions of commissioner of revenue under the Administrative Procedures Act (Sections 12-8-1 to 12-8-25 NMSA 1978), but does have jurisdiction to review such decisions under Section 7-1-25 NMSA 1978 of the Tax Administration Act. 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.

Driver license revocation proceedings. — The Administrative Procedures Act does not apply to driver license revocation proceedings; thus, a driver had no statutory right to take depositions. Dente v. State Taxation & Revenue Dep't, 1997-NMCA-099, 124 N.M. 93, 946 P.2d 1104, cert. denied, 123 N.M. 626, 944 P.2d 274, overruled on other grounds by State Taxation and Revenue Dep't v. Bargas, 2000-NMCA-103, 129 N.M. 800, 14 P.3d 538. .

Section not applicable to determinations of labor commissioner. — This section does not allow a judicial appeal of determinations of the labor commissioner, since the Administrative Procedures Act applies only to an agency made subject to the act by agency rule or regulation, if permitted by law, or an agency specifically placed by law under the act, and the labor commissioner is not such an agency. Eastern Indem. Co. of Md. v. Heller, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.

Act inapplicable to regents of museum of New Mexico. — The Administrative Procedures Act is not applicable to the actions of the board of regents of the museum of New Mexico since that act is applicable only to agencies specifically placed by law under the Administrative Procedures Act. Livingston v. Ewing, 1982-NMSC-110, 98 N.M. 685, 652 P.2d 235.

Applicability of state records administrator's duties. — The state records administrator's duties under former Section 12-8-6 NMSA 1978 apply to rules filed by agencies subject to the Administrative Procedures Act (APA), regardless of whether his or her employer, the state commission of public records, is made subject to the APA under this section. 1993 Op. Att'y Gen. No. 93-03.

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 article, "A Survey of the Securities Act of New Mexico," see 2 N.M. L. Rev. 1 (1972).

For article, "Mandamus in New Mexico," see 4 N.M. L. Rev. 155 (1974).

For article, "Survey of New Mexico Law, 1979-80: Administrative Law," see 11 N.M.L. Rev. 1 (1981).