Legal Opinion

Mississippi Potash, Inc. v. Lemon

New Mexico Court of Appeals

Decided July 31, 2002No. 22,044PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} The opinion filed in this case on June 6, 2002 is hereby withdrawn and the following substituted therefor. The motion for rehearing is denied.

{2} Employee appeals the denial of unemployment benefits based on a finding of misconduct. The Employment Security Division determined that Employee was fired for being intoxicated at work. The central issue in this ease is whether an administrative board of review has the authority to exclude evidence and substitute its own factual findings for those of the hearing officer in an administrative adjudication when it determines…

2Cases cited9 opinions

  1. Morningstar Water Users Ass'n v. New Mexico Public Utility CommissionNew Mexico Supreme Court · 1995
  2. Santa Fe Exploration Co. v. Oil Conservation CommissionNew Mexico Supreme Court · 1992
  3. Reid v. New Mexico Board of Examiners in OptometryNew Mexico Supreme Court · 1979
  4. Fitzhugh v. New Mexico Department of Labor, Employment Security DivisionNew Mexico Supreme Court · 1996
  5. State v. BaldwinNew Mexico Court of Appeals · 2001

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3Cited by6 opinions

  1. Narvaez v. N.M. Dep't of Workforce SolutionsNew Mexico Court of Appeals · 2013
  2. New Mexico Board of Veterinary Medicine v. RieggerNew Mexico Court of Appeals · 2006
  3. Narvaez v. New Mexico Department of Workforce SolutionsNew Mexico Supreme Court · 2013
  4. Narvaez v. NM Dept. of Workforce SolutionsNew Mexico Court of Appeals · 2013
  5. New Mexico Board of Veterinary Medicine v. RieggerNew Mexico Court of Appeals · 2006

1 more not listed; retrieve them via the Exa API.

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