1. A. If after hearing before the secretary of finance and administration such suspension is continued, the person suspended shall have the right to appeal to the district court of the county where he was serving as an official within thirty days after entry of the order of suspension.

2. B. Upon appeal, the court shall set aside an order of suspension only if it is found to be:

   1. (1) arbitrary, capricious or an abuse of discretion;
   2. (2) not supported by substantial evidence in the record; or
   3. (3) otherwise not in accordance with the law.

History: 1953 Comp., § 5-3-37.7, enacted by Laws 1957, ch. 254, § 7; 1977, ch. 247, § 41; 1979, ch. 281, § 4.

ANNOTATIONS

Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.

For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 108, 111, 114, 116.