1. A. Any person who is or may be affected by a regulation adopted by the board may appeal to the court of appeals for further relief. All appeals shall be upon the record made at the hearing and shall be taken to the court of appeals within thirty days after filing of the regulation pursuant to the State Rules Act [Chapter14, Article 4 NMSA 1978]. The board shall be made a party to the action.

2. B. Upon appeal, the court of appeals shall set aside a regulation 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 law.
3. C. A variance petitioner may appeal to the district court from an order of the department denying the variance. The appeal shall be filed pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

History: 1953 Comp., § 59-14-14, enacted by Laws 1972, ch. 63, § 14; 1993, ch. 322, § 13; 1999, ch. 265, § 49.

ANNOTATIONS

The 1999 amendment, effective July 1, 1999, deleted former Subsection B, relating to a variance petitioner's right to appeal to the court of appeals from an order of the department denying the variance, and added Subsection C.

The 1993 amendment, effective April 8, 1993, substituted "department" for "agency" in two places in Subsection B; deleted former Subsection C, pertaining to the procedure for perfecting an appeal to the court of appeals; and redesignated former Subsection D as Subsection C.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 132.

Judicial relief against, or review of, action or orders of Occupational Safety and Health Review Commission under Occupational Safety and Health Act of 1970 (29 U.S.C.S. §§ 651 et seq.), 22 A.L.R. Fed. 508.

Validity, under federal constitution, of provisions of Occupational Safety and Health Act of 1970 (29 U.S.C.S. §§ 651 et seq.) relating to inspections, civil penalties, and administrative or judicial review, 34 A.L.R. Fed. 82.