Utah Administrative Code
Topic - Environmental Quality
Title R305 - Administration
Rule R305-7 - Administrative Procedures
Section R305-7-318 - Stays of Orders
Universal Citation: UT Admin Code R 305-7-318
Current through Bulletin 2024-18, September 15, 2024
(1) Stay of Orders Pending Administrative Adjudication.
(a) A
party seeking a stay of an Initial Order during an adjudicative proceeding
shall file a motion with the ALJ.
(b) An ALJ shall grant a stay if the party
seeking the stay demonstrates the following:
(i) The party seeking the stay will suffer
irreparable harm unless the stay is issued;
(ii) The threatened injury to the party
seeking the stay outweighs whatever damage the proposed stay is likely to cause
the party restrained or enjoined;
(iii) The stay, if issued, would not be
adverse to the public interest; and
(iv) There is a substantial likelihood that
the party seeking the stay will prevail on the merits of the underlying claim,
or the case presents serious issues on the merits which should be the subject
of further adjudication.
(2) The standards specified in R305-7-318(1)(b) shall apply to any interlocutory review of an order regarding a requested stay of an Initial Order.
(3) Stay of the Order Pending Judicial Review.
(a) A party seeking a stay of a final
order by the Executive Director shall file a motion with the Executive
Director.
(b) The standards
specified in R305-7-318(1)(b) shall apply to any such request.
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