New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 14 - JUVENILE JUSTICE
Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS
Section 8.14.15.16 - JUDICIAL REVIEW OF ADMINISTRATIVE DECISION
Universal Citation: 8 NM Admin Code 8.14.15.16
Current through Register Vol. 35, No. 6, March 26, 2024
A. In the event of an appeal to state district court, Rule 1-077 is followed.
B. Record proper:
(1) The hearing officer is responsible for
creating the record proper.
(2) All
exhibits admitted into evidence, orders, submissions or motions the parties
file and tapes or other transcripts of the hearing compose the record
proper.
(3) The expense of copying
tape recorded testimony and any other expense of preparing the record,
including accompanying costs, are the appellant's responsibility.
(4) The appellant certifies in the pleadings
filed with the court that arrangements have been made for preparation of the
record proper. Within thirty (30) days after service of the appeal, the
department files a certified copy of the original and two duplicate copies of
the tapes of the hearing under review together with the original and two (2)
copies of the official file maintained and certified by the hearing
officer.
(5) In the event the
judicial appeal involves a request for injunctive relief by either party, the
department files a certified copy of the original and two (2) duplicate copies
of the tapes of the hearing under review together with the original and two (2)
copies of the official file maintained and certified by the hearing officer
within ten (10) days after service of the notice of judicial appeal.
C. Court ordered stay: Filing for judicial review does not stay enforcement of the final decision. A motion in state district court is filed concerning any issuance of a stay. Safety of the residents in the facility is the primary consideration when a stay is requested.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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