New Mexico Statutes
Article 10 - Savings and Loan Associations
Section 58-10-92 - Judicial review.

A. Except as to matters covered by, or appealable under, Section 13 [58-10-13 NMSA 1978] of the Savings and Loan Act, any association or person aggrieved and directly affected by a decision, order or regulation of, or failure to act by, the supervisor, may appeal to the district court of the county in which the person resides or maintains its principal office within thirty days after issuance of the order or within thirty days after it becomes reviewable. The filing of an appeal does not stay enforcement of an order unless the court orders a stay upon terms it deems proper.
B. The district court may affirm the order of the supervisor, may direct the supervisor to take action as affirmatively required by law or may reverse or modify the order of the supervisor if the court finds the order was:
(1) issued pursuant to an unconstitutional statutory provision;
(2) in excess of statutory authority;
(3) arbitrary or capricious;
(4) issued upon unlawful procedure; or
(5) not supported by substantial evidence in the record.
C. The decision of the district court may be appealed to the court of appeals as in other civil cases.
History: 1953 Comp., § 48-15-133, enacted by Laws 1967, ch. 61, § 89.
Cross references. — For when order is final, see 58-10-84 NMSA 1978.
For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
For meaning of "supervisor", see 58-10-2J NMSA 1978.
For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
There is no presumption against judicial review and in favor of administrative absolution unless that purpose is fairly discernible in the statutory scheme, and there is no evidence in the Savings and Loan Act (Section 58-10-1 NMSA 1978 and notes thereto) indicating the legislature intended to preclude judicial review. Rather the act indicates the contrary. De Vargas Sav. & Loan Ass'n v. Campbell, 1975-NMSC-026, 87 N.M. 469, 535 P.2d 1320.
Assertion of undue competitive injury grant, standing to combat branch. — To attain standing in a suit arguing the unlawfulness of governmental action, the complainant must allege that he is injured in fact or is imminently threatened with injury, economically or otherwise. Appellants had standing to seek review of the supervisor's order as associations "aggrieved and directly affected" by it where they asserted they would suffer from undue competitive injury if another branch was permitted in Santa Fe, and that another branch would not be to the advantage of the community; the protection of these interests is explicitly recognized in Section 58-10-17A NMSA 1978. De Vargas Sav. & Loan Ass'n v. Campbell, 1975-NMSC-026, 87 N.M. 469, 535 P.2d 1320.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 58 - Financial Institutions and Regulations

Article 10 - Savings and Loan Associations

Section 58-10-1 - Short title.

Section 58-10-2 - Definitions.

Section 58-10-3 - Application for charter.

Section 58-10-4 - Permanent capital stock.

Section 58-10-5 - Stock requirements for proposed permanent capital stock associations.

Section 58-10-6 - Paid-in surplus and operating fund requirements for proposed permanent capital stock associations.

Section 58-10-7 - Savings account requirements for proposed permanent capital stock associations.

Section 58-10-8 - Savings account requirements for proposed associations without permanent capital stock.

Section 58-10-9 - Expense fund requirements for proposed associations without permanent capital stock.

Section 58-10-10 - Capital debentures or notes.

Section 58-10-11 - Hearings on charter application.

Section 58-10-12 - Approval of application for charter.

Section 58-10-13 - Refusal of charter application; appeal.

Section 58-10-14 - Forfeiture of charter for failure to commence business.

Section 58-10-15 - Amendment of charter and bylaws.

Section 58-10-16 - Corporate name; exclusive use.

Section 58-10-17 - Branch offices.

Section 58-10-18 - Change of office.

Section 58-10-19 - Board of directors.

Section 58-10-20 - Organizational meeting.

Section 58-10-21 - Qualification of directors.

Section 58-10-22 - Officers.

Section 58-10-23 - Indemnity bonds of directors, officers and employees.

Section 58-10-24 - Meetings; voting.

Section 58-10-25 - Access to records.

Section 58-10-26 - Records.

Section 58-10-27 - Misdescription of assets.

Section 58-10-28 - Charging off or setting up reserves against bad assets.

Section 58-10-29 - Membership records.

Section 58-10-30 - Financial statement.

Section 58-10-31 - Annual reports; other reports.

Section 58-10-32 - Power to borrow.

Section 58-10-33 - General corporate powers.

Section 58-10-34 - Fiscal agent.

Section 58-10-35 - Powers under federal law.

Section 58-10-36 - Original real estate loans.

Section 58-10-37 - Dealing in real estate loans.

Section 58-10-38 - Participation with others in real estate loans.

Section 58-10-39 - Requirements in lending transactions.

Section 58-10-40 - Advances to protect security.

Section 58-10-41 - Charges for real estate loans.

Section 58-10-42 - Insured and guaranteed loans.

Section 58-10-43 - Loans on security of savings accounts.

Section 58-10-44 - Property improvement, educational and manufactured home financing loans.

Section 58-10-45 - Investment in securities.

Section 58-10-46 - Acquisition of real property.

Section 58-10-47 - Investment in office buildings.

Section 58-10-48 - Valuation of real property of an association.

Section 58-10-49 - Appraisals of real estate owned.

Section 58-10-50 - Powers and privileges of association.

Section 58-10-51 - Limitation on savings accounts.

Section 58-10-52 - Uninsured accounts; notice.

Section 58-10-53 - Insurance of accounts; failure to obtain or maintain.

Section 58-10-54 - Who may open a savings account.

Section 58-10-55 - Savings contracts.

Section 58-10-56 - Evidence of account ownership.

Section 58-10-57 - Transfer of savings accounts.

Section 58-10-58 - Lost or destroyed evidence of ownership.

Section 58-10-59 - Savings accounts of minors.

Section 58-10-60 - Power of attorney on savings accounts.

Section 58-10-61 - Pledge of savings account in joint tenancy.

Section 58-10-62 - Accounts of fiduciaries.

Section 58-10-63 - Withdrawals from savings accounts.

Section 58-10-64 - Redemption of savings accounts.

Section 58-10-65 - Lien on savings accounts.

Section 58-10-66 - Paying dividends on savings accounts.

Section 58-10-67 - Computation of net income.

Section 58-10-68 - Transfers to loss reserves.

Section 58-10-69 - Dividends on permanent capital stock.

Section 58-10-70 - Use of surplus accounts and expense fund contributions.

Section 58-10-71 - Savings and loan supervisor.

Section 58-10-72 - General powers of supervisor.

Section 58-10-73 - Regulations.

Section 58-10-74 - Confidential information.

Section 58-10-75 - Supervisor; disposition of fees.

Section 58-10-76 - Audits and examinations; fees.

Section 58-10-77 - Other examinations.

Section 58-10-78 - Federal examination.

Section 58-10-79 - Additional examinations.

Section 58-10-80 - Order to discontinue violations.

Section 58-10-81 - Removal of directors, officers and employees.

Section 58-10-82 - Order to refrain from voting shares.

Section 58-10-83 - Emergency power of supervisor.

Section 58-10-84 - When order is final; appeal.

Section 58-10-85 - Receivership.

Section 58-10-86 - Communications from supervisor.

Section 58-10-87 - Reorganization; merger; consolidation.

Section 58-10-88 - Voluntary liquidation.

Section 58-10-89 - Exemption from securities laws.

Section 58-10-90 - All businesses to conform.

Section 58-10-91 - Outstanding items considered as savings accounts.

Section 58-10-92 - Judicial review.

Section 58-10-93 - Slander; felony.

Section 58-10-94 - Violation of act; civil penalty.

Section 58-10-95 - Violations; criminal penalties.

Section 58-10-96 - Suppressing evidence; felony.

Section 58-10-97 - Disclosure of confidential information; felony; civil liability.

Section 58-10-98 - Conversion into federal association.

Section 58-10-99 - Conversion into state chartered association.

Section 58-10-100 - Conversion of association without permanent stock into permanent capital stock association.

Section 58-10-101 - Foreign associations.

Section 58-10-102 - Federal associations; applicability.

Section 58-10-103 - Payment from savings account of decedent.

Section 58-10-104 - Authority to engage in leasing safe deposit facilities; subsidiary company.

Section 58-10-105 - Access by fiduciaries.

Section 58-10-106 - Effect of lessee's death or incapacity.

Section 58-10-107 - Lease to minor.

Section 58-10-108 - Search procedure on death.

Section 58-10-109 - Adverse claims to contents of safe deposit box.

Section 58-10-110 - Special remedies for nonpayment of rent.

Section 58-10-111 - Limitation of liability on construction loans.