New Mexico Statutes 7-8A-16. Appeal; action to establish claim
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A. A person aggrieved by a decision of the administrator may file an appeal pursuant to the provisions of Section 39-3-1.1 N.M. Stat. Ann..
Terms Used In New Mexico Statutes 7-8A-16
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
B. A person whose claim has not been acted upon within ninety days after its filing may maintain an original action to establish the claim in the district court for the first judicial district, naming the administrator as a defendant.
C. If the aggrieved person establishes the claim in an action against the administrator, the court may award the claimant reasonable attorney fees.