Templates Administrative Law Stay of Agency Enforcement Application - Hawaii
Hawaii Administrative Law
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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 [HRS § 91-14(c) / CITE AGENCY RULE / STATE APA STAY AUTHORITY].

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/Hearings Officer],

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 under HRS § 91-14(c).
  • Offer reasonable conditions to mitigate agency concerns (reporting, partial compliance).
  • Confirm service on agency counsel/contacts and request written disposition of stay.

Hawaii-Specific Statutory References

  • Hawaii Administrative Procedure Act: HRS § 91-1 et seq.
  • Stay pending judicial review: HRS § 91-14(c)
  • Contested case procedures: HRS § 91-9 et seq.
  • Judicial review: HRS § 91-14

[// GUIDANCE: For Hawaii matters, cite HRS § 91-14(c) for stays pending judicial review or the specific agency regulation authorizing a stay of enforcement during administrative proceedings.]

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