NMSA 1978, § 7-38-28.1 — 7-38-28.1

Appeals from decisions and orders of the hearing officer
of the administrative hearings office.

# A.

A property owner or the secretary may appeal a decision and order of a hearing
officer of the administrative hearings office to the court of appeals for further relief, but
only to the same extent and on the same theory as was asserted in the hearing before
the hearing officer. All such appeals shall be on the record made at the hearing and
shall not be de novo. All such appeals shall be taken within thirty days of the date of
mailing or delivery of the written decision and order of the hearing officer to the property
owner, and, if not so taken, the decision and order are conclusive.

# B.

The procedure for perfecting an appeal pursuant to this section shall be as
provided by the Rules of Appellate Procedure.

# C.

On appeal, the court shall set aside a decision and order of the hearing officer
only if the decision and order is found to be:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the record; or
(3) otherwise not in accordance with the law.

# D.

If the secretary appeals a decision and order of the hearing officer and the court's
decision, from which either no appeal is taken or no appeal may be taken, upholds the
decision of the hearing officer, the court shall award reasonable attorney fees to the
property owner. If the court's decision upholds the hearing officer's decision only in
part, the award shall be limited to reasonable attorney fees associated with the portion
upheld.

# E.

The secretary shall notify the appropriate county assessor of any decision and
order or appellate court opinion and shall direct the assessor to take appropriate action
to comply with the decision and order.