APPLICATION FOR STAY OF AGENCY ENFORCEMENT

Filing Overview

• Applicant: [NAME/ENTITY], Contact: [ADDRESS/EMAIL/PHONE]
• Agency action: [ORDER/NOTICE], Date: [DATE], Docket/Ref: [ID]
• Parallel proceedings: [ADMIN APPEAL/JUDICIAL REVIEW pending?]

Requested Relief

Stay enforcement of the [ORDER/NOTICE] pending [administrative appeal/judicial review] under [CITE AGENCY RULE / APA §705 if applicable].

Proposed Order (summary)

• Stay effective upon filing/agency grant until final disposition of [appeal/review].
• Maintain status quo; no penalties/collection during stay.
• Schedule for further briefing if required.

Argument (outline)

1) Likelihood of success / substantial questions: [Key legal/factual grounds].
2) Irreparable harm: [Non-compensable harms, business closure risk, reputational harm, safety, etc.].
3) Balance of equities: [Compare harms to applicant vs. agency/public].
4) Public interest: [Compliance pathway, safety, continuity of service, consumer protection].
5) Narrow tailoring: [Any proposed conditions, e.g., interim reporting, escrow, partial compliance].

Evidence (attach as exhibits)

• Agency order/notice and record excerpts.
• Declarations on harm and compliance steps.
• Financial/operational impact evidence.
• Legal memo (if separate) and supporting authorities.
• Proof of parallel filing (appeal/PFR) if applicable.

Cover Letter Body (sample)

text
Date: [DATE]

[AGENCY NAME/HEARING OFFICE ADDRESS]

RE: Application for Stay – [NAME/ENTITY], Docket/Ref: [ID]

Dear [Officer/ALJ],

We request a stay of the [ORDER/NOTICE] dated [DATE] pending resolution of the attached appeal/review. The stay is warranted because [BRIEF GROUNDS: likelihood/serious questions, irreparable harm, equities, public interest]. Exhibits and proposed order are enclosed.

Respectfully,
[NAME/TITLE]

Practice Notes

• Verify agency stay procedures and deadlines; some require motion format or specific forms.
• If judicial review is contemplated, preserve arguments and record citations for the court.
• Offer reasonable conditions to mitigate agency concerns (reporting, partial compliance).
• Confirm service on agency counsel/contacts and request written disposition of stay.