A. A party to a proceeding before the director who is aggrieved by a decision of the director issued after a hearing may obtain a review of that decision, other than a promulgation of a rule, by appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

B. A person who is or may be aggrieved by any rule, or any amendment or repeal of a rule, adopted by the commission may appeal to the court of appeals for relief. All appeals shall be based upon the record made at the hearing before the commission and shall be filed with the court of appeals within thirty days after filing of the rule under the State Rules Act [Chapter 14, Article 4 NMSA 1978]. An appeal to the court of appeals under this subsection is perfected by the timely filing of a notice of appeal with the court of appeals with a copy attached of the rule from which the appeal is taken. The appellant shall certify in the appellant's notice of appeal that satisfactory arrangements have been made with the commission for preparation of transcripts of the record of the hearing at the expense of the appellant for filing with the court. Upon appeal, the court of appeals shall set aside the rule only if determined to be:

(1) arbitrary, capricious or an abuse of discretion;

(2) contrary to law; or

(3) unsupported by substantial evidence on the entire record as submitted.

History: Laws 1979, ch. 291, § 30; 1999, ch. 265, § 85; 2005, ch. 209, § 3.

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

For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).

The 2005 amendment, effective June 17, 2005, deleted reference to "regulations"; provided in Subsection A that a party to a proceeding before the director who is aggrieved by a decision of the director may obtain a review of the decision, other that a promulgation of a rule, by appeal to the district court; and provided in Subsection B that a person aggrieved by a rule or amendment of a rule may appeal to the court of appeals.

The 1999 amendment, effective July 1, 1999, in Subsection A, substituted "by appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978" for "in the district court of Santa Fe county. In order to obtain a review such party must, within thirty days after the decision is rendered, file with the court a petition for review, a copy of which shall be served upon the chairman of the commission and the attorney general. The petition shall state all exceptions to the decision, and the court shall not consider any exceptions not contained in the petition. Failure to file such petition in the manner and within the time specified shall operate as a waiver of the right to judicial review"; deleted former Subsections B to D, which set forth steps to be taken after service of a copy of petition for review; and redesignated former Subsection E as Subsection B.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 257.

58 C.J.S. Mines and Minerals § 334 et seq.