A person denied a license or whose license has been canceled, suspended or revoked by the department, except when the cancellation or revocation is mandatory under the provisions of Chapter 66, Article 5 NMSA 1978, may file an appeal in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

History: 1953 Comp., § 64-5-36, enacted by Laws 1978, ch. 35, § 258; 1998, ch. 55, § 78; 1999, ch. 265, § 79.

Cross references. — For appeal of final decisions by agencies to district court, see 39-3-1.1 NMSA 1978.

For cancellation of minor's licenses, see 66-5-12, 66-5-13 NMSA 1978.

For mandatory revocation of license, see 66-5-29 NMSA 1978.

For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.

The 1999 amendment, effective July 1, 1999, substituted "department" for "division" and "Section 39-3-1.1" for "Section 12-8A-1".

The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison would be impracticable.

Language of this section applies to license revocations and denials, whether under the Implied Consent Act or under other statutory authority. Dixon v. State Taxation & Revenue Dep't, 2004-NMCA-044, 135 N.M. 431, 89 P.3d 680.

Sections read together to effect legislative intent. — Sections 66-8-112 NMSA 1978 and 66-5-35 NMSA 1978 are not read to preclude application of Section 39-3-1.1 NMSA 1978 allowing appeal of final decisions by agencies to district court. Dixon v. State Taxation & Revenue Dep't, 2004-NMCA-044, 135 N.M. 431, 89 P.3d 680.

Court only determines whether grounds for revocation exist. — The language in Section 64-13-65, 1953 Comp. (similar to this section), "to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation or revocation of license under the provisions of this act" means that it is for the court to determine only whether grounds for suspension, cancellation or revocation exist. Johnson v. Sanchez, 1960-NMSC-029, 67 N.M. 41, 351 P.2d 449 (decided under prior law).

Writ of certiorari. — Driver's challenge of the revocation of his driver's license by motor vehicle division had to be in the form of a writ of certiorari, since his license was mandatorily revoked due to three DWI convictions and he had no other statutory means of appeal. Masterman v. State Taxation & Revenue Dep't, 1998-NMCA-126, 125 N.M. 705, 964 P.2d 869.

Scope of review. — On appeals from administrative bodies, the questions to be answered by the court are questions of law and are restricted to whether the administrative body acted fraudulently, arbitrarily or capriciously, whether the order was supported by substantial evidence, and, generally, whether the action of the administrative head was within the scope of his authority. Johnson v. Sanchez, 1960-NMSC-029, 67 N.M. 41, 351 P.2d 449.

Review of mandatory revocation of license. — Although the Motor Vehicle Code is silent as to any provision expressly authorizing the right to appeal from a mandatory revocation of a driver's license, this omission does not deprive one whose license has been revoked of a right of judicial review by the district court of the administrative action by means of a petition for writ of certiorari. Littlefield v. State ex rel. Taxation & Revenue Dep't, 1992-NMCA-083, 114 N.M. 390, 839 P.2d 134, cert. denied, 114 N.M. 123, 835 P.2d 839.

Jurisdiction of proceeding for restoration of driving privileges. — Because plaintiffs had never applied for, much less been denied, a driver's license after expiration of the one-year revocation period, they failed to take the mandated administrative steps necessary to vest jurisdiction in the district court of their action seeking restoration of their driving privileges. Alvarez v. State Taxation and Revenue Dep't, 1999-NMCA-006, 126 N.M. 490, 971 P.2d 1280.

Law reviews. — For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Resources J. 599 (1972).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 144.

Statute providing for judicial review of administrative order revoking or suspending automobile driver's license as providing for de novo trial, 97 A.L.R.2d 1367.

60 C.J.S. Motor Vehicles § 164.35.