Sec. 16.02.05.05. Stay

A. Request Authorized. Except as prohibited by law, a party that is adversely affected by a final order may request a stay from the Secretary pending judicial review.

B. Time for Filing. A request for a stay shall be filed with the Secretary within 10 days of the date of the final order from which the stay is sought.

C. Contents. The request shall include:

(1) A statement of the reasons the stay is sought; and

(2) A statement of the grounds for judicial review.

D. Effect of Request. A request for a stay does not operate as a stay and does not extend the time for seeking judicial review.

E. Grant of Stay.

(1) The Secretary may hold a hearing on the request for a stay or rule on the request without a hearing.

(2) The Secretary may grant the stay subject to the conditions, including security or bond, that the Secretary considers proper.