New Mexico Statutes
Article 2E - Gaming Control
Section 60-2E-60 - Judicial review of administrative actions.

A. Any person adversely affected by an action taken by the board after review pursuant to the provisions of Section 60-2E-59 NMSA 1978 may appeal the action to the court of appeals within thirty days after the date the action is taken. The appeal shall be on the record made at the hearing. To support his appeal, the appellant shall make arrangements with the board for a sufficient number of transcripts of the record of the hearing on which the appeal is based. The appellant shall pay for the preparation of the transcripts.
B. On appeal, the court of appeals shall set aside the administrative action only if it is found to be:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the whole record; or
(3) otherwise not in accordance with law.
History: Laws 1997, ch. 190, § 62; 2002, ch. 102, § 16.
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 2002 amendment, effective March 5, 2002, inserted the 30-day requirement in the first sentence of Subsection A.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 60 - Business Licenses

Article 2E - Gaming Control

Section 60-2E-1 - Short title.

Section 60-2E-2 - Policy.

Section 60-2E-3 - Definitions.

Section 60-2E-4 - Limited gaming activity permitted.

Section 60-2E-5 - Gaming control board created.

Section 60-2E-6 - Board; meetings; quorum; records.

Section 60-2E-7 - Board's powers and duties.

Section 60-2E-8 - Board regulations; discretionary regulations; procedure; required provisions.

Section 60-2E-9 - Executive director; employment; qualifications.

Section 60-2E-10 - Executive director; powers; duties.

Section 60-2E-11 - Investigation of executive director candidates and employees.

Section 60-2E-12 - Conflicts of interest; board; executive director; employees.

Section 60-2E-13 - Activities requiring licensing.

Section 60-2E-13.1 - Temporary possession of gaming device for limited purpose.

Section 60-2E-14 - Licensure; application.

Section 60-2E-15 - License, certification and work permit fees.

Section 60-2E-16 - Action by board on applications.

Section 60-2E-17 - Investigation for licenses, certifications and permits.

Section 60-2E-18 - Eligibility requirements for companies.

Section 60-2E-19 - Company applicants; nonprofit organization applicants; required information.

Section 60-2E-20 - Individual certification of finding of suitability of officers, directors and other persons.

Section 60-2E-21 - Requirements if company is or becomes a subsidiary; investigations; restrictions on unsuitable persons; other requirements.

Section 60-2E-22 - Change in company ownership.

Section 60-2E-23 - Finding of suitability required for directors, officers and key executives; removal from position if found unsuitable; suspension of suitability by board.

Section 60-2E-24 - Suitability of individuals acquiring beneficial ownership of voting security in publicly traded corporation; report of acquisition; application; prohibition.

Section 60-2E-25 - Report of proposed issuance or transfer of ownership; report of change in corporate officers and directors; approval of board.

Section 60-2E-26 - Gaming operator licensees; general provisions; business plan; player age limit; restrictions.

Section 60-2E-27 - Gaming operator licensees; special conditions for racetracks; number of gaming machines; days and hours of operations.

Section 60-2E-28 - Gaming operator licensees; special conditions for nonprofit organizations; number of gaming machines; days and hours of operations.

Section 60-2E-29 - Licensing of manufacturers of gaming devices; exception; disposition of gaming devices.

Section 60-2E-30 - Licensing of distributors of gaming devices.

Section 60-2E-31 - Suitability of certain persons furnishing services or property or doing business with gaming operators; termination of association.

Section 60-2E-32 - Reasons for investigations by board; complaint by board; board to appoint hearing examiner; review by board; order of board.

Section 60-2E-33 - Emergency orders of board.

Section 60-2E-34 - Exclusion or ejection of certain persons from gaming establishments; persons included.

Section 60-2E-34.1 - Self-exclusion from gaming establishments; procedure; fines; confidentiality.

Section 60-2E-35 - Internal control systems.

Section 60-2E-36 - Gaming employees; issuance of work permits; revocation of work permits.

Section 60-2E-37 - Age requirement for patrons and gaming employees.

Section 60-2E-38 - Calculation of net take; certain expenses not deductible.

Section 60-2E-39 - Limitations on taxes and license fees.

Section 60-2E-40 - Use of chips, tokens or legal tender required for all gaming.

Section 60-2E-41 - Communication or document of applicant or licensee absolutely confidential; confidentiality not waived; disclosure of confidential information prohibited.

Section 60-2E-42 - Motion for release of confidential information.

Section 60-2E-43 - Gaming machine central system.

Section 60-2E-44 - Machine specifications.

Section 60-2E-45 - Repealed.

Section 60-2E-46 - Examination of gaming devices; cost allocation.

Section 60-2E-47 - Gaming tax; imposition; administration.

Section 60-2E-47.1 - Repealed.

Section 60-2E-48 - Civil actions to restrain violations of Gaming Control Act.

Section 60-2E-49 - Testimonial immunity.

Section 60-2E-50 - Crime; manipulation of gaming device with intent to cheat.

Section 60-2E-51 - Crime; use of counterfeit or unapproved tokens, currency or devices; possession of certain devices, equipment, products or materials.

Section 60-2E-52 - Crime; cheating.

Section 60-2E-53 - Crime; possession of gaming device manufactured, sold or distributed in violation of law.

Section 60-2E-54 - Crime; reporting and record violations; penalty.

Section 60-2E-55 - Crime; unlawful manufacture, sale, distribution, marking, altering or modification of devices associated with gaming; unlawful instruction; penalty.

Section 60-2E-56 - Underage gaming; penalty for permitting or participation.

Section 60-2E-57 - Crime; general penalties for violation of act.

Section 60-2E-58 - Detention and questioning of a person suspected of violating act; limitations on liability; posting of notice.

Section 60-2E-59 - Administrative appeal of board action.

Section 60-2E-60 - Judicial review of administrative actions.

Section 60-2E-61 - Repealed.

Section 60-2E-61.1 - Lien on winnings for debt owed to or collected by human services department; procedure.

Section 60-2E-62 - Crime; unlawful possession of gaming device.