In accordance with Section 17-3-34 NMSA 1978, any person whose privileges have been revoked by the commission or department, and who has requested and received a hearing, may appeal to the district court for further relief. Upon appeal, the district court shall set aside, reverse or remand the decision only if it determines:

1. A. the agency, commission or hearing officer acted fraudulently, arbitrarily or capriciously;
2. B. the final decision was not supported by substantial evidence; or
3. C. the agency did not act in accordance with law.

[19.31.2.25 NMAC - Rp, 19.31.2.25 NMAC, 4/1/2022]