SECURING A STAY OF AGENCY ACTION


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Securing a Stay of Agency Action

If you face a strong potential of immediate harm as a result of an agency decision, you should seek a stay.  Filing a petition for review does not stay enforcement of the agency decision or order. To obtain a stay, you must request an order from the circuit court.

 

The procedure and requirements for obtaining a stay are similar to those for obtaining a preliminary injunction.

 

The court may order a stay only after a hearing and on a finding that . . .

(1) the applicant will suffer irreparable harm;
(2) the applicant is likely to prevail on the merits;
(3) a stay will not harm the public interest; and,
(4) the harm to the applicant if the stay is not granted outweighs the harm to others if the stay is granted.

 

Additionally, the applicant must file a bond.

 

If you or your business has been aggrieved by an agency’s final decision and need to request a court hearing, we can help.   Give us a call and speak with a qualified attorney about your case.

DISCLAIMER: All information contained in this website is for education purpose only. Law Offices of RL Johnson PLLC, its agents and affiliates cannot and will not render any legal or tax advice of any kind, unless said agent is duly licensed by the applicable state and/or federal authority to give said advice.

 

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