Sec. 12.11.04.12. Stays Pending Judicial Review

A. Request for Stay.

(1) A party seeking judicial review of a final decision may request a stay of the decision pending judicial review.

(2) A party making a request for a stay shall:

(a) File the request with the agency within 15 days of the date of the decision;

(b) Include the reason for the stay;

(c) Include a copy of the petition of appeal filed in the court having jurisdiction or a statement of the grounds for judicial review; and

(d) Serve a copy of the request on each party to the contested case.

(3) A request for a stay may not extend the time for filing an appeal.

B. The presiding officer may grant or deny a request for a stay with or without a hearing.

C. The presiding officer shall issue a written order granting or denying the stay, in whole or in part, and shall forward a copy of the order to each party or each party's attorney.