A. An 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 1999, ch. 295, § 13. Effective dates. — Laws 1999, ch. 295, § 16 made the Rural Telecommunications Act of New Mexico effective July 1, 1999. Cross references. — For the Rules of Appellate Procedure, see Rule 12-101 NMRA. Commission's order permanently barring carrier from ever filing a petition in the future was beyond the scope of the commission's authority. — Where appellant petitioned the New Mexico public regulation commission (commission) for designation as an eligible telecommunications carrier (ETC) to receive low-income federal universal service support funds pursuant to the federal Communications Act of 1934, as amended by the federal Telecommunications Act of 1996, and where the hearing examiner recommended that the petition be dismissed with prejudice and that appellant be banned from ever again filing a petition to obtain an ETC designation, the commission erred in adopting the hearing examiner's recommendation, because while the hearing examiner may recommend dismissal of a proceeding, and the commission has the power to dismiss a proceeding on its own motion, the commission lacks express or implied statutory authority to dismiss an ETC designation with prejudice to permanently bar a carrier from ever again seeking an ETC designation. Q Link Wireless LLC v. N.M. Pub. Regulation Comm'n , 2023-NMSC-012.
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