N.M. Stat. » Chapter 63 — Railroads and Communications
New Mexico Statutes

N.M. Stat. § 63-9A-16 (2026)

Appeal on the record

✓ laws through the 2025 session (retrieved May 2026)
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A. The appeal shall be on the record made before the commission and shall be governed by the appellate rules applicable to administrative appeals.

B. The supreme court shall affirm the commission's order unless it is:

(1) arbitrary, capricious or an abuse of discretion;

(2) not supported by substantial evidence in the record; or

(3) otherwise not in accordance with law.

History: Laws 1985, ch. 242, § 16; 1998, ch. 108, § 63.

ANNOTATIONS

The 1998 amendment, effective January 1, 1999, rewrote this section.

63-9A-17, 63-9A-18. Repealed. ANNOTATIONS

Repeals. — Laws 1998, ch. 108, § 81 repealed 63-9A-17 and 63-9A-18 NMSA 1978, as enacted by Laws 1985, ch. 242, §§ 17 and 18, relating to burden of showing that order is unreasonable or unlawful and decision on appeal, effective January 1, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1990–2022 · leading case: Qwest Corp. v. New Mexico Pub. Reg. Comm'n, 2006-NMSC-042, 140 N.M. 440.
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Qwest Corp. v. New Mexico Pub. Reg. Comm'n, 2006-NMSC-042, 140 N.M. 440. · cites it 8× “We allowed the General Services Department of the State of New Mexico (GSD) to intervene and file a brief in opposition to Qwest’s appeal, under Section 63-9A-14, as a party “whose rights may be directly affected by the appeal.”
TW Telecom of New Mexico, L.L.C. v. New Mexico Pub. Reg. Comm'n, 256 P.3d 24 (N.M. 2011). · cites it 3× “1(G) (1998); NMSA 1978, § 63-9A-16(B) (1998). TW Telecom raises three issues on appeal: (1) whether “the [PRC] adopted the new pricing plan derived from the Competitive Response Case [Final Order] without justification in the AFOR III Case record and without explanation”; (2)…”
TW Telecom of N.M. v. NM Pub. Reg. Comm'n, 2011-NMSC-029. · cites it 3× “1(G) (1998); NMSA 1978, § 63-9A-16(B) (1998). tw telecom raises three issues on appeal: (1) whether “the [PRC] adopted the new pricing plan derived from the Competitive Response Case [Final Order] without justification in the AFOR III Case record and without explanation”; (2)…”
Matter of Mountain Bell, 787 P.2d 423 (N.M. 1990). · cites it 2× “Initially, we note the appeal is from the decision of an administrative agency and not a removal case as permitted by Article XI, Section 7 of the New Mexico Constitution.”
Mountain States Tel. & Tel. Co. v. New Mexico State Corp. Comm'n, 787 P.2d 423 (N.M. 1990). · cites it 2× “Initially, we note the appeal is from the decision of an administrative agency and not a removal case as permitted by Article XI, Section 7 of the New Mexico Constitution. The Act permits review on the record made before the Commission and does not allow the introduction of new…”
Qwest Corp. v. N.M. Pub. Regul. Comm'n (N.M. 2022). · cites it 2× “n appeal, CenturyLink asserts that (1) the Commission failed to consider the Legislature’s deregulatory intent, (2) the Commission’s construction of “such service” should have included services of like kind or character, and (3) the Commission’s construction of “available”…”
Qwest Corp. v. N.M. Pub. Reg. Comm'n (N.M. 2021). · cites it 2× “(E) (1998); {2} WHEREAS, every member of this Court having considered the briefs and being otherwise fully informed of the issues and applicable law; {3} WHEREAS, this Court shall affirm the Commission’s Order unless it is “(1) arbitrary, capricious or an abuse of discretion;…”
N.M. Stat. § 63-9A-16(B): 3 cases
Qwest Corp. v. New Mexico Pub. Reg. Comm'n, 2006-NMSC-042, 140 N.M. 440. “We allowed the General Services Department of the State of New Mexico (GSD) to intervene and file a brief in opposition to Qwest’s appeal, under Section 63-9A-14, as a party “whose rights may be directly affected by the appeal.”
TW Telecom of New Mexico, L.L.C. v. New Mexico Pub. Reg. Comm'n, 256 P.3d 24 (N.M. 2011). “1(G) (1998); NMSA 1978, § 63-9A-16(B) (1998). TW Telecom raises three issues on appeal: (1) whether “the [PRC] adopted the new pricing plan derived from the Competitive Response Case [Final Order] without justification in the AFOR III Case record and without explanation”; (2)…”
TW Telecom of N.M. v. NM Pub. Reg. Comm'n, 2011-NMSC-029. “1(G) (1998); NMSA 1978, § 63-9A-16(B) (1998). tw telecom raises three issues on appeal: (1) whether “the [PRC] adopted the new pricing plan derived from the Competitive Response Case [Final Order] without justification in the AFOR III Case record and without explanation”; (2)…”
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