R305-7-318. Stays of Orders Pending Hearing

  (1) The filing of a Request for Agency Action does not stay a director's enforcement orders. A party seeking a stay of an Initial Order during an adjudicative proceeding may file a motion with the ALJ.

  (a) An ALJ shall grant a stay if the party seeking the stay demonstrates all of the following elements:

  (i) The party seeking the stay will suffer irreparable harm unless the stay is issued;

  (ii) The threatened injury to the party seeking the stay outweighs whatever damage the proposed stay is likely to cause the party restrained or enjoined;

  (iii) The stay, if issued, would not be adverse to the public interest; and

  (iv) There is a substantial likelihood that the party seeking the stay will prevail on the merits of the underlying claim, or the case presents serious issues on the merits which should be the subject of further adjudication.

  (2) The potential imposition of civil penalties does not constitute "harm" or "injury" within the meaning of this Rule. The standards specified in R305-7-318(1)(a) shall apply to any interlocutory review of an order regarding a requested stay of an Initial Order.

  (3) Stay of Executive Director's Order Pending Judicial Review.

  (a) A party seeking a stay of a final order by the Executive Director may file a motion with the Executive Director.

  (b) The standards specified in R305-7-318(1)(a) shall apply to any such request.