1. A. Any person adversely affected by an administrative action taken by the board or the director may appeal the action to the court of appeals. The appeal shall be on the record made at the hearing. To support his appeal, the appellant shall make arrangements with the division for a sufficient number of transcripts of the record of the hearing on which the appeal is based. The appellant shall pay for the preparation of the transcripts.

2. B. On appeal, the court of appeals shall set aside the administrative action 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.

History: Laws 1990, ch. 99, § 30.

ANNOTATIONS

Statement of reasons required. — Section 74-9-29 B(1) NMSA 1978 and 20 NMAC 1.4.V.504(B) required the secretary (now director) of the environment department to state reasons for departing from hearing officer's recommendations as to groundwater conditions for landfill permit. Atlixco Coal. v. Maggiore, 1998-NMCA-134, 125 N.M. 786, 965 P.2d 370.

Agency determination given deference. — Under Subsection B, the court of appeals shall set aside the administrative action only if it is found to be within one of the specified categories. This standard of review requires the court to give the agency's decision a degree of deference. Joab, Inc. v. Espinosa, 1993-NMCA-113, 116 N.M. 554, 865 P.2d 1198.