A. The appeal shall be on the record made before the commission and shall be governed by the appellate rules applicable to administrative appeals.
B. The supreme court shall affirm the commission's order unless it is:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the record; or
(3) otherwise not in accordance with law.
History: Laws 1985, ch. 242, § 16; 1998, ch. 108, § 63.
The 1998 amendment, effective January 1, 1999, rewrote this section.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 9A - Telecommunications Services
Section 63-9A-1 - Short title.
Section 63-9A-3 - Definitions.
Section 63-9A-4 - Exemption for private service.
Section 63-9A-5 - Regulation by commission.
Section 63-9A-6 - Certificate required.
Section 63-9A-6.2 - Carrier of last resort.
Section 63-9A-7 - Manner of regulation.
Section 63-9A-8 - Regulation of rates and charges; effective competition.
Section 63-9A-8.1 - Change in rates.
Section 63-9A-8.3 - Telephone service; seriously ill individuals.
Section 63-9A-9 - Regulation of individual contracts to facilitate competition.
Section 63-9A-10 - Examination of books and records.
Section 63-9A-11 - Complaint alleging violation by provider of telecommunications services.
Section 63-9A-12 - Validity of orders; substantial compliance with act sufficient.
Section 63-9A-14 - Appeal of orders of the commission.
Section 63-9A-16 - Appeal on the record.