Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-903 - Stay Pending Agency Review
Universal Citation: UT Admin Code R 151-4-903
Current through Bulletin 2024-06, March 15, 2024
(1)
(a)
With a timely filing of a request for agency review of an order, the party
seeking review may file a motion for a stay of the order pending the completion
of agency review.
(b) If a motion
to stay is not timely filed and subsequently granted, the order subject to
review shall remain in effect according to its terms.
(2)
(a) The
division that issued the order subject to review may oppose a motion for a stay
in writing within ten days from the date the stay is requested.
(b) Failure to oppose a timely request for a
stay shall result in an order granting the stay unless the executive director
determines that a stay would not be in the best interest of the
public.
(c) If a division opposes a
motion for a stay, the executive director may permit a final response by the
party requesting the stay.
(d) The
executive director may enter an interim order granting a stay pending a
decision on the motion for a stay.
(3)
(a) In
determining whether to grant a request for a stay, the executive director shall
review the division's findings of fact, conclusions of law and order to
determine whether granting a stay would, or might reasonably be expected to,
pose a significant threat to the public health, safety, and welfare.
(b) The executive director may issue:
(i) an order granting the motion for a
stay;
(ii) a conditional stay
imposing terms, conditions or restrictions on a party pending agency
review;
(iii) a partial stay;
or
(iv) an order denying the motion
for a stay.
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