Rule 3 - Stay of an Administrative Decision(a) Motion for Stay Pending Appeal. A party may file with the clerk of the superior court a motion to stay a final administrative decision, in whole or in part, pending the final disposition of the appeal, pursuant to A.R.S. § 12-911. The motion for stay must be a separate filing from the notice of appeal required by A.R.S. § 12-904. The party filing the motion for stay must provide proper notice to the agency affected and all other parties to the proceeding before the agency. Form 3 is a template for the motion for stay.(b) Standard for Issuance of Stay Pending Appeal. The superior court may grant the motion for stay pending appeal for good cause shown. The motion for stay must show: 1. A colorable claim demonstrating, as regards substantive merit, a seemingly valid, genuine, or plausible claim under the circumstances of the case; and2. That the balance of harm favors granting the stay.(c) Bond on Appeal. A stay of an administrative decision may be entered in superior court with or without bond, except if otherwise provided by statute.R. Proc. Judi. Admin. Deci. 3
Added Sept. 30, 1993, effective 12/1/1993. Amended on an emergency basis Aug. 30, 2012, effective 7/1/2013, amendment adopted on a permanent basis12/10/2012;8/31/2017, effective 1/1/2018; amended Aug. 31, 2020, effective 1/1/2021.