(A) Nature of review. The appeal shall consist of a whole record review, and the reviewing authority, whether it be the Board of County Commissioners or the District Court, shall set aside the action of the lower tribunal only if it is found to be:
(1) Arbitrary, capricious or an abuse of discretion;
(2) Not supported by substantial evidence;
or
(3) Otherwise not in accordance with law.
(B) Standing. Any party to the action in District Court shall have full appellate rights in accordance with the laws of the State of New Mexico and the rules of appellate procedure for the State of New Mexico.
(C) Notice of appeal.
(1) The appeal shall be perfected by filing a written notice of appeal, which sets forth the specific portion or portions of the decision being appealed. A copy of the decision or order being appealed shall be attached to the notice of appeal.
(2) The appeal shall be perfected upon filing of the notice required by these regulations and payment of the administrative fee.
(Ord. passed 5-1-2000)