Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0090 - Stay Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 who submits a hearing request after a final order by default has been issued or
			 petitions for reconsideration, rehearing or judicial review may request the
			 agency to stay the enforcement of the agency order that is the subject of the
			 petition.
(2) The stay request
			 shall contain:
(a) The name, address and
			 telephone number of the person filing the request and of that person's
			 attorney, if any;
(b) The full
			 title of the agency decision as it appears on the order and the date of the
			 agency decision;
(c) A summary of
			 the agency decision;
(d) The name,
			 address, and telephone number of each other party to the agency proceeding.
			 When the party was represented by an attorney in the proceeding, then the name,
			 address, and telephone number of the attorney shall be provided and the address
			 and telephone number of the party may be omitted;
(e) A statement advising all persons whose
			 names, addresses and telephone numbers are required to appear in the stay
			 request as provided in subsection (2)(d) of this rule, that they may
			 participate in the stay proceeding before the agency if they file a response in
			 accordance with OAR 137-003-0091  within ten days from delivery or mailing of
			 the stay request to the agency;
(f)
			 A statement of facts and reasons sufficient to show that the stay request
			 should be granted because:
(A) The petitioner
			 will suffer irreparable injury if the order is not stayed;
(B) There is a colorable claim of error in
			 the order; and
(C) Granting the
			 stay will not result in substantial public harm.
(g) A statement identifying any person,
			 including the public, who may suffer injury if the stay is granted. If the
			 purposes of the stay can be achieved with limitations or conditions that
			 minimize or eliminate possible injury to other persons, petitioner shall
			 propose such limitations or conditions. If the possibility of injury to other
			 persons cannot be eliminated or minimized by appropriate limitation or
			 conditions, petitioner shall propose an amount of bond, irrevocable letter of
			 credit or other undertaking to be imposed on the petitioner should the stay be
			 granted, explaining why that amount is reasonable in light of the identified
			 potential injuries;
(h) A
			 description of additional procedures, if any, the petitioner believes should be
			 followed by the agency in determining the appropriateness of the stay
			 request;
(i) In a request for a
			 stay of an order in a contested case, an appendix of affidavits containing
			 evidence (other than evidence contained in the record of the contested case out
			 of which the stay request arose) relied upon in support of the statements
			 required under subsections (2)(f) and (g) of this rule. The record of the
			 contested case out of which the stay request arose is a part of the record of
			 the stay proceedings;
(j) In a
			 request for stay of an order in other than a contested case, an appendix
			 containing evidence relied upon in support of the statement required under
			 subsections (2)(f) and (g) of this rule.