A. A person who is adversely affected by a final administrative action of the secretary may appeal to the court of appeals for further relief within thirty days after the action. All appeals shall be on the administrative record developed by the secretary.
B. Upon appeal, the court of appeals shall set aside the action only if it is found to be:
(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.
C. A stay of enforcement of the action being appealed may be granted after hearing and upon good cause shown:
(1) by the secretary; or
(2) by the court of appeals if the secretary denies a stay or fails to act upon an application for a stay within sixty days after receipt.
History: Laws 2003, ch. 297, § 5.
Effective dates. — Laws 2003, ch. 297, § 8 made the act effective July 1, 2003.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 80 et seq.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Section 74-3-2 - Radiation technical advisory council; creation and organization.
Section 74-3-3 - Council duties; per diem.
Section 74-3-5 - Radiation protection consultant; radiation regulations; inspection.
Section 74-3-5.1 - Radiation protection fund created.
Section 74-3-6 - Continued care fund regulations; requirements; exemptions; modification.
Section 74-3-7 - Continued care fund created; appropriation; approval; regulation.
Section 74-3-8 - Registration of radiation equipment.
Section 74-3-9 - Licensing of radioactive material; appeal.
Section 74-3-10.1 - Fee exemption.
Section 74-3-11.1 - Enforcement; compliance orders; civil penalties.
Section 74-3-11.2 - Administrative actions; appeals.
Section 74-3-12.1 - Criminal penalties.
Section 74-3-13 - Emergencies.
Section 74-3-13.1 - Emergency powers of the secretary.