Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 4 - MISCELLANEOUS, ORDERS IN OTHER THAN CONTESTED CASES
Section 137-004-0090 - Stay Request - Orders in Other than Contested Case
Universal Citation: OR Admin Rules 137-004-0090
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Unless otherwise provided by law, any person who petitions for reconsideration may request the agency to stay the enforce-ment of the agency order that is the subject of the petition.
(2) The stay request shall contain:
(a) The name, address and telephone number of
the person filing the request and of that person's attorney, if any;
(b) If the agency order was in writing, 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; and
(d) The
name, address and telephone number of each other party to the agency
proceeding. When the party was represented by an attorney in the proceeding,
then the name, address and telephone number of the attorney 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 (2)(d) of this rule, that they may
participate in the stay proceeding before the agency if they file a response in
accordance with OAR 137-004-0095 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 the stay request should be granted because:
(A) The petitioner will suffer irreparable
injury if the order is not stayed;
(B) There is a colorable claim of error in
the order; and
(C) Granting the
stay will not result in substantial public harm.
(g) 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;
(h) A
description of additional procedures, if any, the petitioner believes should be
followed by the agency in determining the appropriateness of the stay
request;
(i) An appendix containing
evidence relied upon in support of the statement required under subsections
(2)(f) and (g) of this rule.
(3) 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 (2)(d) of this rule.
Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
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