Stay of Agency Enforcement Application - Arkansas

APPLICATION FOR STAY OF AGENCY ENFORCEMENT

STATE OF ARKANSAS — ADMINISTRATIVE PROCEEDING

COVER LETTER TO AGENCY

[__/__/____]

[________________________________]
[________________________________]
[________________________________]
[________________________________]

VIA: ☐ Hand Delivery ☐ Certified Mail, Return Receipt Requested ☐ Electronic Filing ☐ Facsimile

RE: Application for Stay of Enforcement Action
Applicant: [________________________________]
Agency Case/Docket No.: [________________________________]
Agency Order/Action Dated: [__/__/____]

Dear [________________________________]:

On behalf of [________________________________] ("Applicant"), enclosed please find the Application for Stay of Agency Enforcement Action, together with supporting exhibits and a proposed order granting the stay.

The Applicant respectfully requests that the Agency stay enforcement of the [________________________________] dated [__/__/____] pending [☐ administrative appeal / ☐ reconsideration / ☐ judicial review]. The stay is warranted because:

1. The Applicant is likely to succeed on the merits or raises substantial questions warranting full adjudication;
2. The Applicant will suffer irreparable harm if enforcement proceeds during the pendency of the appeal;
3. The balance of equities favors the Applicant; and
4. The stay will serve the public interest.

[☐ If applicable: This matter involves a disciplinary order issued by a professional licensing board governing a profession of the healing arts, and the Applicant requests that the court exercise its authority under Ark. Code Ann. § 25-15-212(d) to postpone the effective date of the agency action.]

Please contact the undersigned at [________________________________] should you require additional information or wish to schedule oral argument on this application.

Respectfully submitted,

[________________________________]
[________________________________]
[________________________________]
Attorney for Applicant
Arkansas Bar No.: [____]
Telephone: [________________________________]
Email: [________________________________]

FORMAL APPLICATION FOR STAY OF AGENCY ENFORCEMENT

I. CAPTION AND PARTIES

BEFORE THE [________________________________]
STATE OF ARKANSAS

In the Matter of:

[________________________________],
Applicant,

v.

[________________________________],
Agency/Respondent.

Case/Docket No.: [________________________________]

APPLICATION FOR STAY OF ENFORCEMENT PENDING [APPEAL / RECONSIDERATION / JUDICIAL REVIEW]

II. INTRODUCTION AND PROCEDURAL HISTORY

Applicant [________________________________] ("Applicant") respectfully submits this Application for Stay of Enforcement of the [☐ Final Order / ☐ Notice of Violation / ☐ Compliance Order / ☐ Penalty Assessment / ☐ License Suspension / ☐ License Revocation / ☐ Disciplinary Order / ☐ Other: ________________________________] (the "Agency Action") issued by [________________________________] (the "Agency") on [__/__/____].

Type of Stay Sought:

☐ Agency-level stay — Stay requested from the Agency pending administrative appeal or reconsideration
☐ Stay pending judicial review — Stay requested under Ark. Code Ann. § 25-15-212(d) pending petition for judicial review
☐ Healing arts licensing board stay — Special stay provision for disciplinary orders of healing arts licensing boards under § 25-15-212(d)

Procedural History:

1. On [__/__/____], the Agency issued [________________________________] against the Applicant.
2. On [__/__/____], the Applicant [☐ filed an administrative appeal / ☐ requested reconsideration / ☐ filed a petition for judicial review in the Circuit Court of [________________________________] County].
3. The Agency Action is scheduled to become effective on [__/__/____].
4. The deadline for compliance with the enforcement order is [__/__/____].
5. The petition for judicial review was filed within 30 days of service of the Agency's final decision as required by Ark. Code Ann. § 25-15-212(a).
6. [Additional procedural history: ________________________________]

III. STATEMENT OF FACTS

[________________________________]

[________________________________]

[________________________________]

[________________________________]

[________________________________]

Nature of Applicant's Business/Activities:

[________________________________]

Nature of the Agency Action:

[________________________________]

Specific Enforcement Measures at Issue:

☐ Monetary penalties in the amount of $[________________________________]
☐ Cease and desist order regarding [________________________________]
☐ License suspension: [________________________________]
☐ License revocation: [________________________________]
☐ Permit denial or revocation: [________________________________]
☐ Professional disciplinary action: [________________________________]
☐ Order requiring specific action by [__/__/____]: [________________________________]
☐ Other enforcement measures: [________________________________]

IV. LEGAL STANDARD FOR STAY

A. Statutory Framework

1. General Rule — No Automatic Stay:
Under Ark. Code Ann. § 25-15-212(d), the filing of a petition for judicial review does not automatically stay enforcement of the agency decision. Enforcement proceeds unless an affirmative stay is obtained from the agency or the reviewing court.

2. Agency Authority to Grant Stay:
The agency or reviewing court may stay enforcement upon such terms as may be just. The agency possesses inherent authority to stay its own enforcement orders where good cause is shown and the stay would not endanger the public interest.

3. Court Authority — General:
The reviewing court may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of review proceedings.

4. Healing Arts Licensing Boards — Special Provision:
On review of disciplinary orders issued by professional licensing boards governing professions of the healing arts, the reviewing court, only after notice and hearing, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of review proceedings. This provision under § 25-15-212(d) provides a specific mechanism for practitioners in the healing arts.

B. Four-Factor Standard

Arkansas courts apply the following four-factor standard for evaluating stay requests:

1. Likelihood of success on the merits of the underlying appeal or review;
2. Irreparable injury to the applicant absent a stay;
3. Balance of harms between the parties; and
4. Public interest considerations.

V. GROUNDS FOR STAY

A. Special Provision — Healing Arts Licensing Boards

☐ This section applies. The Applicant is a licensed [________________________________] and the Agency Action is a disciplinary order issued by the [________________________________] Board, which governs a profession of the healing arts.

Under Ark. Code Ann. § 25-15-212(d), the reviewing court may postpone the effective date of the disciplinary order after notice and hearing. The Applicant requests that the stay be granted because:

1. [________________________________]
2. [________________________________]
3. [________________________________]

B. Likelihood of Success on the Merits

The Applicant has a substantial likelihood of prevailing on the merits of the underlying [☐ appeal / ☐ petition for judicial review] for the following reasons:

1. [________________________________]

2. [________________________________]

3. [________________________________]

Legal errors in the Agency Action include:

☐ The Agency exceeded its statutory authority under [________________________________]
☐ The Agency violated the Arkansas Administrative Procedure Act (Ark. Code Ann. § 25-15-201 et seq.)
☐ The decision is not supported by substantial evidence in the whole record when viewed in its entirety
☐ The decision is arbitrary, capricious, or characterized by an abuse of discretion
☐ The Agency made an error of law
☐ The Agency acted beyond the jurisdiction conferred by the enabling statute
☐ The Agency action was unconstitutional under the Arkansas Constitution, Art. 2, § 8 (Due Process)
☐ The Agency's findings, inferences, conclusions, or decisions violate constitutional or statutory provisions
☐ Other: [________________________________]

C. Irreparable Harm

Absent a stay, the Applicant will suffer irreparable harm that cannot be remedied through monetary damages or other post-judgment relief:

☐ Business closure or severe disruption: [________________________________]
☐ Loss of professional license or certification: [________________________________]
☐ Inability to practice profession or trade: [________________________________]
☐ Financial harm exceeding ability to recover: [________________________________]
☐ Reputational damage: [________________________________]
☐ Loss of employees, patients, customers, or business relationships: [________________________________]
☐ Health or safety consequences: [________________________________]
☐ Constitutional injury (due process, equal protection): [________________________________]
☐ Loss of livelihood: [________________________________]
☐ Other irreparable harm: [________________________________]

The harm is irreparable because: [________________________________]

D. Balance of Equities

The balance of hardships tips decidedly in the Applicant's favor:

Harm to Applicant if stay is denied:
[________________________________]

Harm to Agency/public if stay is granted:
[________________________________]

Proposed conditions to mitigate any potential harm during the stay period:
[________________________________]

The Applicant submits that the harm it would suffer without a stay far exceeds any harm the Agency or the public would suffer if the stay is granted, particularly given the proposed conditions.

E. Public Interest

A stay of enforcement serves the public interest for the following reasons:

☐ Permits orderly adjudication of the underlying dispute on the merits
☐ Preserves Applicant's continued provision of services to the public: [________________________________]
☐ Avoids unnecessary economic harm to employees and the community
☐ Maintains the status quo while legal questions are resolved
☐ Protects due process values and administrative fairness
☐ Prevents loss of access to professional services in the community: [________________________________]
☐ Other: [________________________________]

VI. BOND OR SECURITY OFFER

The Applicant [☐ offers / ☐ does not believe it is required] to post a bond or other security as a condition of the stay:

☐ Cash bond in the amount of $[________________________________]
☐ Surety bond in the amount of $[________________________________]
☐ Letter of credit in the amount of $[________________________________]
☐ Escrow arrangement: [________________________________]
☐ Other security: [________________________________]
☐ Waiver of bond requested because: [________________________________]

The proposed bond/security amount is appropriate because: [________________________________]

VII. REQUEST FOR EMERGENCY OR EXPEDITED CONSIDERATION

☐ This section applies. The Applicant requests emergency or expedited consideration of this stay application for the following reasons:

Basis for emergency/expedited treatment:

☐ The Agency Action becomes effective on [__/__/____], which is [____] days from the date of this application
☐ Enforcement proceedings are imminent or have already commenced
☐ The threatened harm is immediate and cannot await normal briefing schedule
☐ License suspension/revocation takes effect imminently
☐ Patients/clients will be without services: [________________________________]
☐ Other exigent circumstances: [________________________________]

Efforts to confer with opposing party:

The Applicant has [☐ conferred with / ☐ attempted to confer with / ☐ been unable to confer with] the Agency regarding this application. The Agency's position is: [________________________________]

VIII. PROPOSED CONDITIONS DURING STAY

The Applicant proposes the following conditions during the pendency of the stay to address any legitimate Agency concerns:

☐ Continued compliance with [________________________________]
☐ Periodic reporting to the Agency every [____] days regarding [________________________________]
☐ Maintenance of professional liability insurance coverage in the amount of $[________________________________]
☐ Restriction on certain activities: [________________________________]
☐ Supervision or monitoring requirements: [________________________________]
☐ Preservation of records and documentation
☐ Posting of bond or security as described in Section VI
☐ Continuing education or remedial training: [________________________________]
☐ Practice limitations or restrictions: [________________________________]
☐ Other conditions: [________________________________]

IX. PROPOSED STAY ORDER

Applicant respectfully requests that the Agency enter the following order:

IT IS HEREBY ORDERED that:

1. The enforcement of [________________________________] dated [__/__/____] is STAYED pending the resolution of the Applicant's [☐ administrative appeal / ☐ petition for judicial review];

2. The stay shall remain in effect until [☐ final disposition of the appeal/review / ☐ further order of the Agency / ☐ specific date: __/__/____];

3. The stay is granted [☐ upon the following conditions: ________________________________ / ☐ upon such terms as are just];

4. No penalties, fines, sanctions, or other enforcement measures shall be imposed or accrue during the stay period;

5. The status quo as it existed prior to the Agency Action shall be preserved during the stay period;

6. The Agency retains jurisdiction to modify or dissolve the stay upon a showing of changed circumstances or violation of stay conditions;

7. [Additional terms: ________________________________].

X. VERIFICATION

STATE OF ARKANSAS
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, state under oath that I am the [☐ Applicant / ☐ authorized representative of the Applicant] in this matter, that I have read the foregoing Application for Stay of Enforcement, and that the factual statements contained herein are true and correct to the best of my knowledge, information, and belief.

_____________________________________________
Signature

Sworn to and subscribed before me this [____] day of [________________], [____].

_____________________________________________
Notary Public
My Commission Expires: [__/__/____]

XI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Application for Stay of Agency Enforcement, together with all exhibits, was served upon the following by the method indicated:

Agency:
[________________________________]
[________________________________]
[________________________________]
☐ Hand Delivery ☐ Certified Mail ☐ Electronic Service ☐ Facsimile

Agency Counsel:
[________________________________]
[________________________________]
[________________________________]
☐ Hand Delivery ☐ Certified Mail ☐ Electronic Service ☐ Facsimile

Other Parties of Record:
[________________________________]
[________________________________]
☐ Hand Delivery ☐ Certified Mail ☐ Electronic Service ☐ Facsimile

_____________________________________________
Signature
Date: [__/__/____]

DOCUMENT CHECKLIST

Ensure the following documents are prepared and attached before filing:

☐ Cover letter to Agency (signed and dated)
☐ Formal Application for Stay of Enforcement (signed and verified)
☐ Copy of the Agency Action being challenged (order, notice, decision)
☐ Copy of the petition for judicial review or administrative appeal
☐ Declaration of Applicant regarding irreparable harm
☐ Declaration of counsel regarding procedural history
☐ Financial/operational impact evidence (financial statements, projections)
☐ Supporting legal memorandum (if filed separately)
☐ Proposed Stay Order
☐ Bond or security documentation (if applicable)
☐ Proof of service on all parties in accordance with Arkansas Rules of Civil Procedure
☐ Agency-specific forms required by the particular agency or board
☐ Administrative record excerpts (relevant portions)
☐ Prior correspondence with the Agency regarding the enforcement action
☐ Evidence of compliance efforts or remedial measures taken
☐ For healing arts cases: evidence regarding patient safety and professional qualifications
☐ Copies of the petition served upon the agency and all parties of record per § 25-15-212(b)

PRACTICE TIPS FOR ARKANSAS STAY APPLICATIONS

Key Arkansas Distinctions

• No Automatic Stay: Under Ark. Code Ann. § 25-15-212(d), the filing of a petition for judicial review does NOT automatically stay enforcement. An affirmative application for stay must be made to the agency or reviewing court.

• Healing Arts Exception: Arkansas provides a specific statutory mechanism for stays of disciplinary orders issued by professional licensing boards governing professions of the healing arts. The reviewing court may postpone the effective date only after notice and hearing. This includes boards governing physicians, dentists, nurses, pharmacists, and other healing arts professionals.

• Broad Court Authority: The reviewing court has broad power to "issue all necessary and appropriate process" to postpone the effective date of agency action or preserve rights pending review.

Timing and Deadlines

• The petition for judicial review must be filed within 30 days after service of the agency's final decision (Ark. Code Ann. § 25-15-212(a)).
• The petition is filed in the circuit court of any county in which the petitioner resides or does business.
• Apply for a stay as early as possible, ideally simultaneously with filing the petition for review.
• For healing arts cases, note that the court must hold a notice and hearing before granting the stay, so file promptly.

Strategic Considerations

• If the agency has denied an internal stay request, note this in the application to the court, as the court has independent authority regardless of the agency's prior denial.
• In healing arts cases, prepare thoroughly for the notice and hearing requirement — be ready to present evidence at a hearing on the stay.
• Emphasize the specific, concrete nature of irreparable harm with declarations and documentary evidence.
• Offer concrete conditions (supervision, monitoring, restricted practice) to address safety concerns.
• Preserve all arguments and record citations for potential appellate review.
• Service must be made on the agency and all other parties of record in accordance with the Arkansas Rules of Civil Procedure (§ 25-15-212(b)).

Judicial Review Standard

• The court reviews the agency decision to determine whether it is: (1) supported by substantial evidence; (2) not arbitrary, capricious, or characterized by abuse of discretion; (3) not in violation of constitutional or statutory provisions; and (4) made upon lawful procedure (Ark. Code Ann. § 25-15-212(h)).
• Frame your likelihood-of-success argument around these specific standards of review.

Common Pitfalls

• Failing to file the petition for judicial review within the 30-day deadline.
• Not recognizing the special healing arts provision when applicable.
• Failing to serve copies on all parties of record as required by the Arkansas Rules of Civil Procedure.
• Making only conclusory assertions of irreparable harm without factual support.
• Neglecting to address the public interest factor.
• Failing to check agency-specific rules that may impose additional stay requirements.

SOURCES AND REFERENCES

• Arkansas Administrative Procedure Act: Ark. Code Ann. § 25-15-201 et seq.
• Judicial Review and Stay Provisions: Ark. Code Ann. § 25-15-212
• Stay of Enforcement: Ark. Code Ann. § 25-15-212(d)
• Agency Review of Contested Cases: Ark. Code Ann. § 25-15-211
• Appeals: Ark. Code Ann. § 25-15-213
• Arkansas Constitution, Art. 2, § 8 (Due Process)
• Arkansas Rules of Civil Procedure (Service of Process)
• Arkansas Secretary of State — Rules and Regulations: https://www.sos.arkansas.gov/rules-regulations