R151-4-907. Stay Pending Judicial Review

  (1) A party seeking judicial review of an order may file with the executive director a motion for a stay of the order pending judicial review. The motion for a stay shall be filed with the executive director on the same date that a timely petition for judicial review is filed with the court.

  (2) Unless otherwise provided by statute, a motion for a stay of an order pending judicial review shall include:

  (a) a statement of the reasons for the relief requested;

  (b) a statement of the facts relied upon;

  (c) affidavits or other sworn statements if the facts are subject to dispute;

  (d) relevant portions of the record of the adjudicative proceeding and agency review;

  (e) a memorandum of law identifying the issues to be presented on appeal and supporting the aggrieved party's position that those issues raise a substantial question of law or fact reasonably likely to result in reversal, remand for a new hearing, or relief from the order entered;

  (f) clear and convincing evidence that if the requested stay is not granted, the aggrieved party will suffer irreparable injury;

  (g) clear and convincing evidence that if the requested stay is granted, it will not substantially harm other parties to the proceeding; and

  (h) clear and convincing evidence that if the requested stay is granted, the aggrieved party will not pose a significant danger to public health, safety and welfare.

  (3)(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 that the motion is filed.

  (b) Failure to oppose a timely motion under this Section shall result in an order granting the stay unless the executive director determines that a stay would not be in the public interest.

  (c) If a division opposes a motion for a stay, the executive director may permit a final response by the party filing the motion.

  (4) The executive director may grant a motion for a stay of an order pending judicial review if all of the criteria in R151-4-907 are met.