Regulation .12 Stays Pending Judicial Review.
Regulation .12 Stays Pending Judicial Review.LinkCopy Citation
A.
Request for Stay.
(1)
A party seeking judicial review of a final decision may request a stay of the decision pending judicial review.
(2)
A party making a request for a stay shall:
(a)
File the request with the agency within 15 days of the date of the decision;
(b)
Include the reason for the stay;
(c)
Include a copy of the petition of appeal filed in the court having jurisdiction or a statement of the grounds for judicial review; and
(d)
Serve a copy of the request on each party to the contested case.
(3)
A request for a stay may not extend the time for filing an appeal.
B.
The presiding officer may grant or deny a request for a stay with or without a hearing.
C.
The presiding officer shall issue a written order granting or denying the stay, in whole or in part, and shall forward a copy of the order to each party or each party's attorney.