Ala. Admin. Code r. 335-2-1-.23
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-2-1-.23 - Stay Of Action Pending Issuance Of Order(1) Pending issuance of the Commission's order and upon application therefor made by any party, the Commission may stay the operation of the contested administrative action of the Department upon such terms and conditions as it may deem proper.(2) An application for a stay of the operation of the contested administrative action shall state the grounds therefor.(3) No stay of the operation of a contested administrative action of the Department shall be granted without prior notice to each party and an opportunity to be heard before the Commission. The Commission shall afford each party the opportunity to be heard, upon such terms and conditions as it may deem proper.(4) The party moving for a stay shall file with the Commission all briefs, affidavits, exhibits and other evidence the movant wishes considered at least 6 days before the stay hearing. The opposing parties shall file any briefs, affidavits, exhibits or other evidence they wish considered at least 3 days before the stay hearing. The Commission, through its Chair, may grant oral argument on its own motion or upon request of a party.(5) No stay of the operation of a contested administrative action of the Department shall be granted unless the party requesting the stay shows (a) that there is a substantial likelihood that the petitioner will prevail on the merits at the hearing, (b) that the movant will suffer irreparable harm if not granted injunctive relief, (c) that the benefits the stay will provide the movant outweigh the harm it will cause the opposing party, and (d) that issuance of the stay will not harm the public interest. Authors: David A. Ludder, Olivia H. Jenkins
Ala. Admin. Code r. 335-2-1-.23
Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.