# COMAR Title 26 — Department of the Environment

## Subtitle 01 — General Provisions

### Chapter 02 — Procedures for Contested Case Hearings Before the Secretary of the Environment

#### Regulation .37 Stays.

*COMAR 26.01.02.37*

A. Except as prohibited by law, a party which is adversely affected by a final order may request a stay of the order from the final decision maker pending rehearing or judicial review.

B. A request for a stay shall be filed with the final decision maker within 10 days of the date of the final order from which the stay is sought.

C. A request shall include a statement of the reasons a stay is sought.

D. A request shall include a statement of the grounds for the application for rehearing or judicial appeal.

E. The final decision maker may grant a stay upon such conditions, including security or bond, as the final decision maker determines to be proper.

F. A request for stay may not operate as a stay, or extend the time for appeal.

G. The final decision maker may hold a hearing on a request for a stay, or rule upon the request without a hearing.

H. Unless granted within 10 calendar days, requests for stays will be deemed denied.