A permit applicant may appeal a denial by the director in accordance with the following procedures:

1. A. Commission appeal:

   1. (1) The applicant must submit, by certified mail, a written appeal to the chairman of the state game commission within 20 days of denial by the director.
   2. (2) The written appeal must include the reason for the objection.

2. B. Commission decision: The commission may reverse the director’s decision if:

   1. (1) the commission determines that the decision of the director was arbitrary or capricious;
   2. (2) the decision of the director was not based on law or regulation; or
   3. (3) the appellant provides additional data or evidence that contradicts the data or evidence used by the department to deny the permit.
   4. (4) The decision of the commission shall be final.
3. C. Schedule of appeal: Appeals filed with the commission will be heard at the next scheduled commission meeting subject to agenda item availability and related time constraints.

[19.35.6.15 NMAC - Rp, 19 NMAC 35.6.11, 12/30/2013]