Section 315 IAC 1-3-2.1 - StayAuthority: IC 4-21.5-3; IC 4-21.5-4; IC 4-21.5-7-7
Affected: IC 13-15-6-1; IC 13-30-3-5
Sec. 2.1.
(a) A stay applies automatically upon the filing of a timely petition for review when a person petitions for review of an order of the commissioner directed to that person under IC 13-30-3-5.(b) Except as provided in subsection (a), the party requesting a stay of effectiveness has the burden of demonstrating, by a preponderance of the evidence, the following: (1) The person will suffer irreparable harm pending the resolution of the case on the merits because its remedies at law are inadequate.(2) The person is likely to prevail on the merits.(3) The threatened injury to the person requesting the stay outweighs the threatened harm that the grant of the stay may inflict on the other party.(4) The public interest will be served by the grant of the stay.(c) A temporary emergency stay order may be granted without a hearing under the following circumstances:(1) Upon written notice to the other parties or their attorneys only if it clearly appears: (A) from specific facts shown by affidavit;(B) or by a verified motion; that immediate and irreparable injury, loss, or damage will result to the applicant before the other parties can be heard in opposition.(2) The resulting order shall include a brief statement of the facts and the laws that justify the office's decision to issue the emergency order.(3) The matter shall be set for an evidentiary hearing as quickly as practicable.(4) An order issued under this section expires on the earliest of the following:(A) The date set in the order.(B) The date of the evidentiary hearing held under subsection (b).(C) The lapse of sixty (60) days.Office of Environmental Adjudication; 315 IAC 1-3-2.1; filed Sep 16, 2005, 1:40 p.m.: 29 IR 471; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFAReadopted filed 4/25/2016, 2:08 p.m.: 20160518-IR-315160051RFAReadopted filed 7/19/2022, 2:01 p.m.: 20220817-IR-315220160RFA