(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.
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
(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
(f) clear and convincing
evidence that if the requested stay is not granted, the aggrieved party will
suffer irreparable injury;
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.
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
executive director may grant a motion for a stay of an order pending judicial
review if the criteria in Subsections R151-4-907(1) and (2) are met.
Utah Admin. Code
State Bulletin Number 2016-2, effective
State Bulletin Number 2021-02, effective
State Bulletin Number 2022-18, effective