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Current as of January 01, 2024 | Updated by Findlaw Staff
A. A motor carrier or other interested person aggrieved by a final order or determination of the department issued pursuant to the Motor Carrier Act may appeal to the supreme court within thirty days. The appellant shall pay to the department 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 department or the supreme court for a stay of the order.
C. The appeal shall be on the record of the hearing before the department and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the department'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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 65. Motor Carriers § 65-2A-35. Appeal to supreme court - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-65-motor-carriers/nm-st-sect-65-2a-35/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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