Rule 12-505. Certiorari from the Court of Appeals regarding district court review of administrative decisions.

A. Scope of rule. This rule governs review by the Court of Appeals of decisions of the district court (1) from administrative appeals under Rule 1-074 NMRA, Rule 1-077 NMRA, or Section 39-3-1.1 NMSA 1978; and (2) from constitutional reviews of decisions and orders of administrative agencies under Rule 1-075 NMRA. B. Scope of review. A party aggrieved by the final order of the district court in any case described in Paragraph A of this rule may seek review of the order by filing a petition for writ of certiorari with the Court of Appeals, which may exercise its discretion whether to grant the review. C. Time. The petition for writ of certiorari shall be filed with the clerk of the Court of Appeals within thirty (30) days after entry of the final action by the district court. A copy of the petition shall be served immediately on the respondent. Subject to the provisions of Rule 12-304 NMRA and Rule 23-113 NMRA, the petition shall be accompanied by the docket fee. The three (3)-day period set forth in Rule 12-308 NMRA does not apply to the time limits set by this paragraph. Final action by the district court shall be the filing of a final order or judgment in the district court unless timely motion for rehearing is filed, in which event, final action shall be the disposition of the last motion for rehearing that was timely filed. D. Petition. (1) Cover. The cover of the petition shall show the names of the parties, with the plaintiff, petitioner, or party initiating the proceeding in the administrative agency listed first (e.g., State of New Mexico, Plaintiff v. John Doe), and the name, mailing address, and telephone number of counsel filing the petition, or, if a party is not represented by counsel, the name, mailing address, and telephone number of the party. (2) Contents. The petition shall contain a concise statement showing (a) the date of entry of the judgment or final order of the district court and any order entered by the court on a motion for rehearing; (b) the questions presented for review by the Court of Appeals (the Court will consider only the questions set forth in the petition); (c) the facts material to the questions presented; (d) the basis for granting the writ, specifying where applicable (i) the citation to any decision of the Supreme Court or Court of Appeals with which it is asserted the final order of the district court is in conflict, including a quotation from the part of the Court of Appeals or Supreme Court decision showing the alleged conflict with the district court decision; (ii) the citation to any statutory provision, ordinance, or agency regulation with which it is asserted the final order of the district court is in conflict and appropriate quotations from the statutes, ordinances, or regulations showing the alleged conflict with the district court decision; (iii) what significant question of law under the Constitution of New Mexico or the United States is involved; or (iv) the issue of substantial public interest that should be determined by the Court of Appeals; (e) a direct and concise argument amplifying the reasons relied upon for granting the writ, including specific references to the statement of appellate or review issues filed in the district court, showing where the questions were presented to the district court; and (f) a prayer for relief, including whether the case should be remanded to the district court for consideration of issues not raised in the petition if the relief requested is granted. (3) Attachments. A copy of the final order or judgment of the district court, any district court findings or decision leading to the final order or judgment, a copy of the administrative decision under review by the district court, and a copy of the appellant’s and appellee’s statements of appellate or review issues filed in the district court shall be attached to the petition. Any other documentary matters of record that will assist the Court in exercising its discretion may also be attached. E. Length limitations. Except by permission of the Court, the petition shall comply with Rule 12-305 NMRA and the following length limitations: (1) Body of the petition defined. The body of the petition consists of headings, footnotes, quotations, and all other text except any cover page, table of contents, table of authorities, signature blocks, and certificate of service. (2) Page limitation. Unless the petition complies with Subparagraph (E)(3) of this rule, the body of the petition shall not exceed ten (10) pages; or (3) Type-volume limitation. The body of the petition shall not exceed three thousand one hundred fifty (3,150) words, if the party uses a proportionally-spaced type style or typeface, such as Times New Roman, or three hundred forty-two (342) lines, if the party uses a monospaced type style or typeface, such as Courier. F. Statement of compliance. If the body of the petition exceeds the page limitations of Subparagraph (E)(2) of this rule, then the petition must contain a statement that it complies with the limitations of Subparagraph (E)(3) of this rule. If the petition is prepared using a proportionally-spaced type style or typeface, such as Times New Roman, the statement shall specify the number of words contained in the body of the petition as defined in Subparagraph (E)(1) of this rule. If the petition is prepared using a monospaced type style or typeface, such as Courier, the statement shall specify the number of lines contained in the body of the petition. If the word-count or line-count information is obtained from a word-processing program, the statement shall identify the program and version used. G. Conditional cross-petition. Any party may, within fifteen (15) days of service of a petition for writ of certiorari, file a conditional cross-petition, to be considered only if the Court grants the petition. Subject to the provisions of Rule 12-304 NMRA and Rule 23-113 NMRA, the petition shall be accompanied by the docket fee. A conditional cross- petition shall be clearly identified as conditional on the cover. Material attached to the petition need not be attached again to a conditional cross-petition. A conditional cross- petition shall be governed by the other provisions of this rule, except Paragraph C. H. Notice to district court. The petitioner shall file with the clerk of the district court a copy of the petition for a writ of certiorari. I. Response. A respondent may file a response to the petition within fifteen (15) days of service of the petition. The response shall comply with Paragraphs E and F of this rule. J. Reply. A reply is not permitted without leave of the Court, which may be granted on a showing of good cause. A motion seeking leave to file a reply must be filed and served within seven (7) days after service of a response and must include the proposed reply. K. Grant of petition; assignment. If the petition for writ of certiorari is granted by the Court, the case may be assigned to a calendar and the appellate court clerk shall give notice of the assignment in accordance with Rule 12-210 NMRA. On receipt of the calendar assignment, the district court clerk shall transmit a copy of the record on appeal, which shall include the record on review filed in the district court by the administrative agency, as well as any other papers and pleadings filed in the district court. L. Oral argument. Oral argument shall not be allowed unless directed by the Court of Appeals. M. Review by Supreme Court. Within thirty (30) days after the disposition of a petition for writ of certiorari by the Court of Appeals, a party may seek further review from a decision of the Court of Appeals or a denial of certiorari by the Court of Appeals by filing a petition for writ of certiorari with the Supreme Court under Rule 12-502 NMRA.