Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0690 - Stay Request - Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise provided by law, 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
			 agency may, by rule or in writing, require the stay request to be filed with
			 the administrative law judge.
(3)
			 The stay request shall contain:
(a) The name,
			 address and telephone number of the person filing the request and of that
			 person's attorney or representative, 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 or representative in the proceeding, then the
			 name, address and telephone number of the attorney or representative 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 (3)(d) of this rule, that they
			 may participate in the stay proceeding before the agency if they file a
			 response in accordance with OAR 137-003-0695  within ten calendar days from
			 delivery or mailing of the stay request to the agency;
(f) A statement of facts and reasons
			 sufficient to show that:
(A) The petitioner
			 will suffer irreparable injury if the order is not stayed; and,
(B) There is a colorable claim of error in
			 the order;
(g) A
			 statement explaining why granting the stay will not result in substantial
			 public harm;
(h) 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;
(i) A description of additional procedures,
			 if any, the petitioner believes should be followed by the agency in determining
			 the appropriateness of the stay request; and
(j) 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 (3)(f), (g) and (h) 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.