1. A. A telephone company or other party in interest being aggrieved by a final order or determination of the commission pursuant to Sections 63-9-1 through 63-9-19 NMSA 1978 may appeal to the supreme court within thirty days.

2. B. The appeal shall be on the record of the hearing before the commission and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the commission's order unless it is:

   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.

History: 1978 Comp., § 63-9-16, enacted by Laws 1998, ch. 108, § 57.

ANNOTATIONS

Effective dates. — Laws 1998, ch. 108, § 83 made Laws 1998, ch. 108, § 57 effective January 1, 1999.

Repeals and reenactments. — Laws 1998, ch. 108, § 57 repealed former 63-9-16 NMSA 1978, as enacted by Laws 1965, ch. 292, § 16, and enacted a new 63-9-16 NMSA 1978, effective January 1, 1999.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 Am. Jur. 2d Telecommunications §§ 34, 35.