Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 4 - MISCELLANEOUS, ORDERS IN OTHER THAN CONTESTED CASES
Section 137-004-0092 - Stay Proceeding and Order - Orders in Other than Contested Case
Universal Citation: OR Admin Rules 137-004-0092
Current through Register Vol. 63, No. 3, March 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; 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
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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