A person entitled to a hearing provided for in the Uniform Licensing Act, who is aggrieved by an adverse decision of a board issued after hearing, may obtain a review of the decision in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: 1953 Comp., § 67-26-17, enacted by Laws 1957, ch. 247, § 17; 1993, ch. 295, § 7; 1998, ch. 55, § 73; 1999, ch. 265, § 76.
The 1999 amendment, effective July 1, 1999, substituted "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 is impracticable.
The 1993 amendment, effective June 18, 1993, inserted "office of the attorney general and on the" in the second sentence and made stylistic changes in the second and fourth sentences.
Section applies only to licensing decisions. — This section sets forth venue provisions governing the judicial review only of orders of the board which relate to the denial, suspension or revocation of licenses. It is inapplicable to judicial review of price agreement order of state board of barber examiners. Tudesque v. N.M. State Bd. of Barber Exam'rs, 1958-NMSC-128, 65 N.M. 42, 331 P.2d 1104.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 51.
Stay pending review of judgment or order revoking or suspending a professional, trade or occupational license, 166 A.L.R. 575.
53 C.J.S. Licenses §§ 43, 62.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-1-3 - Opportunity for licensee or applicant to have hearing.
Section 61-1-3.1 - Limitations.
Section 61-1-3.2 - Unlicensed activity; disciplinary proceedings; civil penalty.
Section 61-1-3.3 - Conversion therapy; grounds for disciplinary action.
Section 61-1-3.4 - Fingerprints not required for license renewal.
Section 61-1-4 - Notice of contemplated board action; request for hearing; notice of hearing.
Section 61-1-5 - Method of service.
Section 61-1-6 - Venue of hearing.
Section 61-1-8 - Rights of person entitled to hearing.
Section 61-1-9 - Powers of board or hearing officer in connection with hearings.
Section 61-1-10 - Enforcement of board orders and contempt procedure.
Section 61-1-11 - Rules of evidence.
Section 61-1-14 - Service of decision.
Section 61-1-15 - Procedure where person fails to request or appear for hearing.
Section 61-1-16 - Contents of decision.
Section 61-1-17 - Petition for review.
Section 61-1-21 - Power of board to reopen the case.
Section 61-1-24 - Power of board to seek injunctive relief.
Section 61-1-25 - Declaratory judgment.
Section 61-1-27 - Amending and repealing.
Section 61-1-28 - Purpose of act; liberal interpretation.
Section 61-1-29 - Adoption of regulations; notice and hearing.
Section 61-1-30 - Emergency regulations; appeal.
Section 61-1-31 - Validity of regulation; judicial review.
Section 61-1-31.1 - Expedited licensure; issuance.
Section 61-1-32 - Petition for adoption, amendment or repeal of regulations.
Section 61-1-33 - Declaratory rulings.
Section 61-1-35 - Occupational or professional licenses and certification; qualification.
Section 61-1-36 - Criminal convictions; exclusion from licensure; disclosure requirement.