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 1987, ch. 296, § 10; 1998, ch. 108, § 68.
The 1998 amendment, effective January 1, 1999, rewrote this section.
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 9B - Cellular Telephone Services
Section 63-9B-1 - Short title.
Section 63-9B-3 - Definitions.
Section 63-9B-4 - Operation, regulation and tariffs.
Section 63-9B-4.1 - Wireless emergency alerts; AMBER alert notification.
Section 63-9B-5 - Complaint alleging violation by provider of telecommunications services.
Section 63-9B-6 - Validity of orders; substantial compliance with act sufficient.
Section 63-9B-8 - Appeal of orders of the commission.
Section 63-9B-9 - Notice to the commission.
Section 63-9B-10 - Appeal on the record.