Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 11 - OFFICE OF THE SECRETARY
Chapter 12.11.04 - General Hearing Regulations
Section 12.11.04.12 - Stays Pending Judicial Review

Universal Citation: MD Code Reg 12.11.04.12

Current through Register Vol. 51, No. 19, September 20, 2024

A. Request for Stay.

(1) A party seeking judicial review of a final decision may request a stay of the decision pending judicial review.

(2) A party making a request for a stay shall:
(a) File the request with the agency within 15 days of the date of the decision;

(b) Include the reason for the stay;

(c) Include a copy of the petition of appeal filed in the court having jurisdiction or a statement of the grounds for judicial review; and

(d) Serve a copy of the request on each party to the contested case.

(3) A request for a stay may not extend the time for filing an appeal.

B. The presiding officer may grant or deny a request for a stay with or without a hearing.

C. The presiding officer shall issue a written order granting or denying the stay, in whole or in part, and shall forward a copy of the order to each party or each party's attorney.

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