New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 8 - STATE ETHICS COMMISSION
Part 3 - ADMINISTRATIVE HEARINGS
Section 1.8.3.15 - APPEALS; ENFORCEMENT
Current through Register Vol. 35, No. 18, September 24, 2024
A. The complainant or respondent may appeal the final decision of the hearing officer within 30 days of the issuance of the decision to the full commission by filing a notice stating:
B. For the purpose of this rule, briefing time shall commence from the date the appellant files a notice of appeal to the full commission. Unless otherwise provided for by the commission,
C. The commission shall schedule oral arguments, if requested by either party or ordered by the commission within sixty days of the notice of appeal.
D. Any person may timely file an amicus brief, not to exceed ten pages, with the director for consideration by the commission.
E. The commission shall review the whole record of the proceeding and shall, within 180 days of receiving the notice of appeal, issue its decision upholding or reversing the decision of the hearing officer. The commission may reverse all or part of the hearing officer's decision and remand the matter to the hearing officer for further proceedings.
F. A party may seek review of the commission's final decision by filing for a petition of writ of certiorari pursuant to Rule 1-075 NMRA. In any action to review a final decision by writ of certiorari, or, if no petition for writ of certiorari has been timely filed, in a court action in the judicial district where the defendant resides, the commission may move for an order enforcing the commission's final decision pursuant to Subsection F of Section 10-16G-9 NMSA 1978.