R151-4-903. Stay Pending Agency Review

  (1) With a timely filing of a request for agency review of an order, the party seeking review may file a motion for a stay of the order pending the completion of agency review.

  (b) If a motion to stay is not timely filed and subsequently granted, the order subject to review shall remain in effect according to its terms.

  (2)(a) The division that issued the order subject to review may oppose a motion for a stay in writing within ten days from the date the stay is requested.

  (b) Failure to oppose a timely request for a stay shall result in an order granting the stay unless the department determines that a stay would not be in the best interest of the public.

  (c) If a division opposes a motion for a stay, the department may permit a final response by the party requesting the stay.

  (d) The department may enter an interim order granting a stay pending a decision on the motion for a stay.

  (3)(a) In determining whether to grant a request for a stay, the department shall review the division's findings of fact, conclusions of law and order to determine whether granting a stay would, or might reasonably be expected to, pose a significant threat to the public health, safety and welfare.

  (b) The department may issue:

  (i) an order granting the motion for a stay;

  (ii) a conditional stay imposing terms, conditions or restrictions on a party pending agency review;

  (iii) a partial stay; or

  (iv) an order denying the motion for a stay.