Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES
Section 137-003-0700 - Stay Proceeding and Order
Universal Citation: OR Admin Rules 137-003-0700
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The agency may conduct such further proceedings pertaining to the stay request as it deems desirable, including taking further evidence on the matter. Agency staff may present additional evidence in response to the stay request. The agency shall commence such proceedings promptly after receiving the stay request.
(2) The agency shall issue an order granting or denying the stay request within 30 calendar days after receiving it. The agency's order shall:
(a)
Grant the stay request upon findings of irreparable injury to the petitioner
and a colorable claim of error in the agency order and may impose reasonable
conditions, including but not limited to, a bond, irrevocable letter of credit
or other undertaking and that the petitioner file all documents necessary to
bring the matter to issue before the Court of Appeals within a specified
reasonable period of time; or
(b)
Deny the stay request upon a finding that the petitioner failed to show
irreparable injury or a colorable claim of error in the agency order;
or
(c) Deny the stay request upon a
finding that a specified substantial public harm would result from granting the
stay, notwithstanding the petitioner's showing of irreparable injury and a
colorable claim of error in the agency order; or
(d) Grant or deny the stay request as
otherwise required by law.
Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341, ORS 183.482(3) & OL 1999, Ch. 849
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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