The validity of any rule adopted by a board may be determined upon petition for a declaratory judgment thereon addressed to the district court of Santa Fe county when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner. The court shall declare the rule invalid if it finds that the rule violates or conflicts with constitutional or statutory provisions or exceeds the statutory authority of the board.
History: 1953 Comp., § 67-26-25, enacted by Laws 1957, ch. 247, § 25.
Cross references. — For declaratory judgments, see 44-6-1 NMSA 1978 et seq.
Law reviews. — For note, "Police Power and the Design of Buildings," see 5 Nat. Res. J. 122 (1965).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 73, 76.
53 C.J.S. Licenses § 37.
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.