- A. An appeal of final decisions by the secretary must be made to the appropriate district court pursuant to Rules 1-074 or 1-075, NMRA.
- B. The hearing officer or hearing office administrator is responsible for creating the record proper.
- C. All exhibits admitted into evidence, orders, submissions or motions filed and tapes or other transcripts of the hearing compose the record proper.
- D. The expense of copying tape recorded testimony and any other expense of preparing the record, including accompanying costs, are the appealing party’s responsibility.
- E. Filing for judicial review does not stay enforcement of the final decision. A motion in state district court is filed concerning any issuance of a stay. Health and safety of department clients is the primary consideration when a stay is requested.
[8.8.4.13 NMAC - Rp, 8.8.4.13 NMAC, 3/15/2016]