330-080-0030 Stays Pending Appeal (1) Scope: An application for a stay will only be considered: (a) Incident to or pending an appeal from an order of the Allocation Officer; or (b) Pending judicial review. (2) What to file: (a) A person filing under this subpart shall file a written, signed and clearly labeled “Application for Stay” with the Reviewing Officer; (b) The application shall contain a full and complete statement of all relevant facts pertaining to the act or transaction, including, but not limited to, all information that related to the criteria in OAR 330-080-0030(4)(b). (3) Notice: (a) When administratively feasible, the Reviewing Officer shall notify and accept written comments from each person readily identifiable as one who would be aggrieved, that the applicant has filed for a stay; (b) Any person submitting written comments to the Reviewing Officer shall send the applicant a copy thereof, and shall certify to the Reviewing Officer that it has complied with the requirements of this subsection; (c) The applicant shall state whether it requests a conference regarding the application. (4) Reviewing Officer’s Evaluation: (a) Processing: (A) The Reviewing Officer may initiate an investigation of any statement in an application and utilize in its evaluation any relevant facts obtained. The Reviewing Officer may solicit and accept submissions from third persons relevant to any application provided that the applicant is afforded an opportunity to respond to all third-person submissions. In evaluating an application, the Reviewing Officer may consider any other source of information. The Reviewing Officer may convene a conference to advance its evaluation of the application; (B) The Reviewing Office shall process applications for stay as expeditiously as possible. When administratively feasible, the Reviewing Officer shall grant or deny the application for stay within ten business days after receipt of the application. (b) Criteria. The grounds for granting a stay are: (A) A showing that irreparable injury will result in the event that the stay is denied; (B) A showing that denial of the stay will result in a more immediate serious hardship or gross inequity to the applicant than to the other persons affected by the proceeding; (C) A showing that it would be desirable for public policy or other reasons to preserve the status quo pending a decision on the merits of the appeal or exception; (D) A showing that it is impossible for the applicant to fulfill the requirements of the original order; and (E) A showing that there is a likelihood of success on the merits. (5) Decision and Order: (a) Upon consideration of the application and other relevant information received or obtained during the proceeding, the Reviewing Officer shall issue an order granting or denying the application; (b) The order shall include a written statement setting forth the relevant facts and the legal basis of the decision, and the terms and conditions of the stay; (c) The Reviewing Officer shall serve a copy of the order upon the applicant, any other person who participated in the proceeding and upon any other person readily identifiable by the Reviewing Officer as one who is aggrieved by such decision. (6) Temporary Stay: (a) The Reviewing Officer may issue an order granting a temporary stay if it determines that an applicant has made a compelling showing that it would incur irreparable injury unless immediate stay relief is granted pending the submission of or determination on an application for stay pursuant to this subpart. An application for stay shall describe the facts and circumstances which support the applicant’s claim that it will incur irreparable injury unless immediate stay relief is granted. The Reviewing Officer on its own initiative may also issue an order granting a temporary stay upon a finding that a person will incur irreparable injury if such an order is not granted; (b) An order granting a temporary stay shall expire by its terms within such time after issuance, not to exceed 20 days, as the Reviewing Officer specifies in the order, except that it shall expire automatically five days following its issuance if the applicant fails within that period to file an application for stay, unless within that period the Reviewing Officer, for good cause shown, extends the time during which the applicant may file and application for stay. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.030 History: DOE 5-1979, f. & ef. 10-29-79 DOE 4-1979(Temp), f. & ef. 9-20-79 DOE 3-1979(Temp), f. & ef. 5-24-79