Section R151-4-907 - Stay Pending Judicial Review(1) A party seeking judicial review of an order may file with the executive director a motion for a stay of the order pending judicial review. The party filing the motion for a stay shall file the motion with the executive director on the same date that a timely petition for judicial review is filed with the court.(2) Unless otherwise provided by statute, a motion for a stay of an order pending judicial review shall include: (a) a statement of the reasons for the relief requested;(b) a statement of the facts relied upon;(c) affidavits or other sworn statements if the facts are subject to dispute;(d) relevant portions of the record of the adjudicative proceeding and agency review;(e) a memorandum of law identifying the issues to be presented on appeal and supporting the aggrieved party's position that those issues raise a substantial question of law or fact reasonably likely to result in reversal, remand for a new hearing, or relief from the order entered;(f) clear and convincing evidence that if the executive director does not grant the requested stay, the aggrieved party will suffer irreparable injury;(g) clear and convincing evidence that if the executive director grants the requested stay, it will not substantially harm other parties to the proceeding; and(h) clear and convincing evidence that if the executive director grants the requested stay, the aggrieved party will not pose a significant danger to public health, safety, and welfare.(3)(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 that the motion is filed.(b) Failure to oppose a timely motion under this section shall result in an order granting the stay unless the executive director determines that a stay would not be in the public interest.(c) If a division opposes a motion for a stay, the executive director may permit a final response by the party filing the motion.(4) The executive director may grant a motion for a stay of an order pending judicial review if the party filing the motion meets the criteria in Subsections R151-4-907(1) and (2).Utah Admin. Code R151-4-907
Amended by Utah State Bulletin Number 2016-2, effective 12/28/2015Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024