A. Any person who is a party to any proceeding before the commission and who is or may be adversely affected by a regulation adopted by the commission, or by any order of the commission, may appeal by petition to the court of appeals for such relief as may be granted by the court, charging in the petition that the regulation or order is unreasonable, unlawful, capricious, arbitrary, inappropriate for the particular type of pipeline transportation or fails to contribute to the public safety. The petition shall name the New Mexico corporation commission [public regulation commission] as the appellee therein and shall state briefly the nature of the proceeding before the commission and shall set forth the regulation or order complained of and the grounds upon which the petitioner will rely. Appeals shall be upon the record made at the commission hearing on the regulation or order, and shall be taken:
(1) within thirty days after the regulation is filed in accordance with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978]; or
(2) within thirty days after the effective date of the commission's order, whichever is the later date.
B. An appeal does not stay the operation of the commission's order or regulation, unless the court of appeals orders a stay of the operation of the order or regulation on such terms as it deems just and in accordance with the practice of the courts exercising equity jurisdiction.
History: 1953 Comp., § 65-4-19, enacted by Laws 1969, ch. 71, § 5.
Bracketed material. — The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Law reviews. — For article, "How to Stand Still Without Really Trying: A Critique of the New Mexico Administrative Procedures Act," see 10 Nat. Res. J. 840 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 415 et seq.
73A C.J.S. Public Administrative Law and Proceedings § 172 et seq.
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