Current through Register Vol. 63, No. 9, September 1, 2024
(1) Unless otherwise provided by law, any
person who submits a hearing request after a final order by default has been
issued or petitions for reconsideration, rehearing or judicial review may
request the agency to stay the enforcement of the agency order that is the
subject of the petition.
(2) The
agency may, by rule or in writing, require the stay request to be filed with
the administrative law judge.
(3)
The stay request shall contain:
(a) The name,
address and telephone number of the person filing the request and of that
person's attorney or representative, if any;
(b) The full title of the agency decision as
it appears on the order and the date of the agency decision;
(c) A summary of the agency
decision;
(d) The name, address and
telephone number of each other party to the agency proceeding. When the party
was represented by an attorney or representative in the proceeding, then the
name, address and telephone number of the attorney or representative shall be
provided and the address and telephone number of the party may be
omitted;
(e) A statement advising
all persons whose names, addresses and telephone numbers are required to appear
in the stay request as provided in subsection (3)(d) of this rule, that they
may participate in the stay proceeding before the agency if they file a
response in accordance with OAR 137-003-0695 within ten calendar days from
delivery or mailing of the stay request to the agency;
(f) A statement of facts and reasons
sufficient to show that:
(A) The petitioner
will suffer irreparable injury if the order is not stayed; and,
(B) There is a colorable claim of error in
the order;
(g) A
statement explaining why granting the stay will not result in substantial
public harm;
(h) A statement
identifying any person, including the public, who may suffer injury if the stay
is granted. If the purposes of the stay can be achieved with limitations or
conditions that minimize or eliminate possible injury to other persons,
petitioner shall propose such limitations or conditions. If the possibility of
injury to other persons cannot be eliminated or minimized by appropriate
limitation or conditions, petitioner shall propose an amount of bond,
irrevocable letter of credit or other undertaking to be imposed on the
petitioner should the stay be granted, explaining why that amount is reasonable
in light of the identified potential injuries;
(i) A description of additional procedures,
if any, the petitioner believes should be followed by the agency in determining
the appropriateness of the stay request; and
(j) An appendix of affidavits containing
evidence (other than evidence contained in the record of the contested case out
of which the stay request arose) relied upon in support of the statements
required under subsections (3)(f), (g) and (h) of this rule. The record of the
contested case out of which the stay request arose is a part of the record of
the stay proceedings.
(4) The request must be delivered or mailed
to the agency and on the same date a copy delivered or mailed to all parties
identified in the request as required by subsection (3)(d) of this
rule.
Stat. Auth.: ORS
183.341
Stats. Implemented: ORS
183.341,
183.482(3)
& 183.630
