Utah Admin. Code 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 party filing the motion for a stay shall file the motion 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 executive director does not grant the requested stay, the aggrieved party will suffer irreparable injury;

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

(h) clear and convincing evidence that if the executive director grants the requested stay, 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 the party filing the motion meets the criteria in Subsections R151-4-907(1) and (2).

Notes

Utah Admin. Code R151-4-907

Amended by Utah State Bulletin Number 2016-2, effective 12/28/2015 Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021 Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022 Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024