Section 58-1-45 - Court review

Any person aggrieved and directly affected by an order of the director may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 48-22-34, enacted by Laws 1963, ch. 305, § 34; 1998, ch. 55, § 52; 1999, ch. 265, § 55. ANNOTATIONSCross references. — For procedures governing statutory appeals from administration decisions or orders, see Rule 1-074 NMRA. Compiler's notes. — For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995). The 1999 amendment, effective July 1, 1999, substituted 'Section 39-3-1.1' for 'Section 12-8A-1'. The 1998 amendment, effective September 1, 1998, rewrote this section. Rejection of application for permission to file corporate papers appealable. — Appellee's rejection of appellants' application under Section 48-22-45 NMSA 1978 (now Section 58-1-57 NMSA 1978) was an order within the ambit of this section and appellants were aggrieved and directly affected by it, since the rejection precluded appellants from filing articles of incorporation with the corporation commission (now public regulation commission) and obtaining the certificate of

ctly affected by it, since the rejection precluded appellants from filing articles of incorporation with the corporation commission (now public regulation commission) and obtaining the certificate of authority under Section 48-22-49 (now Section 58-1-61 A) NMSA 1978 which certificate is required before a proposed state bank may perform any act other than perfect its organization. Therefore, the action of appellee in rejecting appellants' application was appealable. Holladay v. Upton, 1968-NMSC-044, 79 N.M. 1, 438 P.2d 885.