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§ RULE 1-077. APPEALS PURSUANT TO UNEMPLOYMENT COMPENSATION LAW

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 8 > RULE 1-077.

RULE 1-077. APPEALS PURSUANT TO UNEMPLOYMENT COMPENSATION LAW

A. Scope of Rule. This rule governs appeals from final decisions of the board of review of the Workforce Transition Services Division or the secretary of the Department of Workforce Solutions pursuant to Section 51-1-8 of the Unemployment Compensation Law [Section 51-1-1 NMSA 1978].

B. Filing Appeal. An appeal pursuant to Section 51-1-8 NMSA 1978 may be taken by an aggrieved person filing a notice of appeal in the form of a petition for writ of certiorari in the county in which the person seeking the review resides. The district court of any other county has jurisdiction to hear an appeal pursuant to this rule upon a determination by the district court where the petition is filed that, as a matter of equity and due process, venue should be in that county. The writ of certiorari shall contain a short statement of the proceedings and the grounds relied on for issuance of a permanent writ.

C. Time for Appeal. An appeal in the form of a petition for writ of certiorari pursuant to this rule shall be filed in the district court within thirty (30) days from the date of the final decision of the secretary or board of review. The three (3) day mailing period set forth in Rule 1-006 NMRA does not apply to the time limit for filing a notice of appeal.

D. Docketing the Appeal. Upon the filing of the petition for writ of certiorari and payment of the docket fee, if required, the clerk of the district court shall docket the appeal in the district court. No individual claiming benefits shall be charged fees of any kind by any court or officer thereof.

E. Service. The petition for writ of certiorari shall be served by the petitioner on the Office of General Counsel of the Department of Workforce Solutions, the respondent former employer or employee and all other parties to the proceedings before the secretary or board of review.

F. Petitioner's Statement of Appellate Issues. The petitioner shall set forth in the petition for writ of certiorari a statement of the appellate issues under appropriate headings and in the order here indicated:

(1) a statement of the issues;

(2) a concise summary of the proceedings which shall indicate briefly the nature of the case, the course of proceedings, and the disposition of the secretary or board of review. The summary shall include a short recitation of all facts relevant to the issues presented for review. The summary shall also state how the issues were preserved in the proceedings before the agency; and

(3) a statement of the precise relief sought.

G. Response and Record on Appeal. Upon the filing of a petition for writ of certiorari pursuant to this rule, the court shall enter a writ of certiorari provided by the petitioner directing the Department of Workforce Solutions to file the record on appeal within twenty (20) days from the date of service of the writ. The record on appeal shall include a copy of all reports, papers, pleadings and documents filed in the proceedings before the board of review or the secretary and a certified transcript of proceedings before the secretary or board of review. If the transcript of the proceedings is an audio recording, the Department of Workforce Solutions shall prepare and file with the district court a duplicate of the recording.

H. Supersedeas. No bond shall be required in an appeal to the district court pursuant to this rule.

I. Hearing. An appeal pursuant to this rule shall be heard in a summary manner and shall be given precedence over all other civil cases.

J. Scope of Review. The district court shall determine the appeal upon the evidence introduced at the hearing before the board of review or secretary of the Department of Workforce Solutions. The district court may enter an order reversing the decision of the board of review or the secretary if it finds that:

(1) the board of review or secretary acted fraudulently, arbitrarily or capriciously;

(2) based upon the whole record on appeal, the decision of the board of review or secretary is not supported by substantial evidence; or

(3) the action of the board of review or secretary was outside the scope of authority of the agency.

K. Rehearing. A motion for reconsideration may be filed within ten (10) days after filing of the district court's final order. The three (3) day mailing period set forth in Rule 1-006 does not apply to the time limits set by this rule. The motion shall state briefly and with particularity, but without argument, the points of law or fact that in the opinion of the movant the court has overlooked or misapprehended. No response to a motion for rehearing shall be filed unless requested by the court.

L. Appeal. An aggrieved party may appeal an order or judgment of the district court in accordance with the Rules of Appellate Procedure.