SECURING A STAY OF AGENCY ACTION
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.
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