Section 8 AAC 57.100 - Motions for stays of board orders(a) In connection with the filing of an appeal or petition for review, an appellant or petitioner may file and serve a motion for a stay of a board order. The motion must state whether new or additional evidence will be presented at the hearing on the motion as provided in AS 23.30.128(c), identify the new or additional evidence, and include copies of the new or additional documentary evidence.(b) A motion for a stay may include a request for relief in the form of a stay of payments under a compensation order that includes the appropriate showing of the grounds for a stay of compensation payments as provided in (g) or (h) of this section.(c) Any other party may file and serve an opposition to a motion for a stay not later than 10 days after the date shown in the certificate of service, unless served by mail, of the motion. The opposition must state whether the party intends to present new or additional evidence at the hearing, identify the new or additional evidence, and include copies of new or additional documentary evidence.(d) As soon as practicable following the filing of a motion for a stay and any opposition to the motion, the chair will issue a written notice to the parties of the hearing on the motion, to be held after not less than three days' notice.(e) An appellee or respondent may choose not to participate in a motion for stay filed in an appeal or petition for review, but still choose to participate in the remainder of the appeal, by filing a notice of nonparticipation that specifically states that the appellee or respondent chooses not to participate in the motion for stay but wishes to participate in the remainder of the appeal or petition for review.(f) Service of any document under this section must be through one of the methods set out under 8 AAC 57.040 or 8 AAC 57.050, whether by hand-delivery, first class United States mail, facsimile transmission, or electronic mail, that is reasonably calculated to provide maximum notice to each of the other parties.(g) To stay continuing future periodic compensation payments, an appellant or petitioner must demonstrate by affidavit or other evidence (1) that the appellant or petitioner would suffer irreparable damage;(2) that there is a serious and substantial question on the merits; and(3) the existence of the probability that the merits of the appeal or the petition for review will be decided adversely to the compensation recipient.(h) To stay lump-sum compensation payments, an appellant or petitioner must demonstrate by affidavit or other evidence that the appellant or petitioner would suffer irreparable damage, and that there is a serious and substantial question on the merits.(i) As soon as practicable following the hearing, the commission will enter an order on the motion for a stay. The commission's action under this subsection may include entry of an order nunc pro tunc that stays compensation payments retroactively.(j) If a stay of a board compensation order is granted, the commission may require a supersedeas bond in an amount up to 125 percent of the compensation amount stayed.Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 3/24/2012, Register 201; am 2/4/2024, Register 249, April 20248 AAC 57.100 took effect on December 5, 2005 as an emergency regulation, and was first published in Register 176 (January 2006). In reviewing the "permanent" regulation in accordance with AS 44.62.060 and 44.62.125(b), the regulations attorney made technical changes to 8 AAC 57.100. The technical changes appeared in the "permanent" regulations as published in Register 178 (July 2006). The history note for 8 AAC 57.100 does not reflect the changes made by the regulations attorney.
Authority:AS 23.30.008
AS 23.30.009
AS 23.30.125
AS 23.30.127
AS 23.30.128