Stay of Agency Enforcement Application - Maine

MAINE AGENCY-FIRST APPLICATION TO STAY FINAL AGENCY ACTION

1. USE GATE

Use this application only when:

☐ the challenged action is final agency action;

☐ judicial review has been or will be timely sought;

☐ no specialized statute supplies a different stay route or standard; and

☐ application to the Agency is practicable and has not already been fully resolved.

Do not use § 11004 as generic authority to stay an investigation, notice, proposed decision, initial administrative hearing, internal appeal, or reconsideration. Identify the exact agency or licensing authority for those stages.

2. CONTROL SHEET

Separate Authorities Check

☐ No automatic stay identified.

☐ Automatic stay identified under this exact provision: [________________________________].

☐ Agency-specific stay provision identified: [________________________________].

☐ Section 11004 controls without a material conflict.

3. AGENCY-FIRST APPLICATION

STATE OF MAINE

[AGENCY NAME]

In re: [MATTER NAME]

Agency Docket No. [________________________________]

APPLICATION TO STAY FINAL AGENCY ACTION PENDING JUDICIAL REVIEW

[APPLICANT NAME] applies under 5 M.R.S. § 11004 for a stay of the final agency action identified below pending judicial review.

A. Applicant and Final Action

1. Applicant is [NAME, ADDRESS, AND ROLE IN AGENCY PROCEEDING].

2. The final agency action is [IDENTIFY ORDER OR DECISION, DATE, AND MATERIAL TERMS].

3. Applicant received notice on [__/__/____] by [METHOD].

4. The action is scheduled to take effect or be enforced on [__/__/____].

5. Judicial review:

☐ was filed on [__/__/____] in [COURT], Docket No. [________]; or

☐ will be filed by [__/__/____] under [AUTHORITY].

B. Relief Requested

Applicant requests that the Agency stay:

☐ the entire final action;

☐ only these provisions: [________________________________]; or

☐ enforcement until this date or event: [________________________________].

Applicant proposes these interim conditions, if authorized and necessary:

[____________________________________________________________]

4. STATUTORY SHOWING

Section 11004 permits an agency stay on a showing of:

1. irreparable injury to the petitioner;
2. a strong likelihood of success on the merits; and
3. no substantial harm to adverse parties or to the general public.

Do not substitute a separate “balance of equities” or “public interest” factor for the statutory language.

A. Irreparable Injury

The specific injury expected before judicial review can provide effective relief is:

[____________________________________________________________]

Dates and sequence:

[____________________________________________________________]

Why later relief would not adequately repair the injury:

[____________________________________________________________]

Supporting evidence:

B. Strong Likelihood of Success on the Merits

The underlying judicial-review ground is:

☐ violation of constitutional or statutory provisions;

☐ action in excess of statutory authority;

☐ unlawful procedure;

☐ bias or error of law;

☐ lack of substantial evidence on the whole record;

☐ arbitrary or capricious action or abuse of discretion; or

☐ other review standard under this specialized statute: [________________].

Argument:

[IDENTIFY THE EXACT LEGAL ERROR OR RECORD DEFECT, THE GOVERNING AUTHORITY, WHERE THE ISSUE WAS PRESERVED, AND THE MATERIAL RECORD CITE.]

C. No Substantial Harm to Adverse Parties or the General Public

Adverse parties identified: [________________________________]

Potential harm to each adverse party:

[____________________________________________________________]

Potential harm to the general public:

[____________________________________________________________]

Why the requested stay and any proposed conditions avoid substantial harm:

[____________________________________________________________]

Evidence:

[____________________________________________________________]

5. REQUESTED ORDER

Applicant requests a written order that:

1. identifies the final agency action stayed;
2. states whether the stay is full or partial;
3. states the effective date and duration;
4. identifies any lawful interim conditions; and
5. is promptly delivered to Applicant and all agency-proceeding parties.

Dated: [__/__/____]

[________________________________]

[APPLICANT OR COUNSEL / MAINE BAR NUMBER]

[ADDRESS / TELEPHONE / EMAIL]

6. SUPPORTING AFFIDAVIT

Use an affidavit for disputed facts if a court motion may follow. Have Maine counsel select the proper oath and jurat.

AFFIDAVIT OF [NAME]

I, [NAME], state under oath:

1. I am [ROLE AND BASIS OF PERSONAL KNOWLEDGE].
2. [FACT SUPPORTING IRREPARABLE INJURY.]
3. [FACT SUPPORTING TIMING OR ENFORCEMENT DATE.]
4. [FACT SUPPORTING LACK OF SUBSTANTIAL HARM.]
5. Attached Exhibit [__] is [IDENTIFY AND AUTHENTICATE].

[________________________________]

[AFFIANT]

[CURRENT MAINE JURAT SELECTED BY COUNSEL]

7. EXHIBIT INDEX

8. PROPOSED AGENCY ORDER

[AGENCY CAPTION]

ORDER ON APPLICATION TO STAY FINAL AGENCY ACTION

The Agency has considered Applicant's application under 5 M.R.S. § 11004.

The Agency finds:

1. Irreparable injury: [SHOWN / NOT SHOWN] because [________________].
2. Strong likelihood of success: [SHOWN / NOT SHOWN] because [________________].
3. No substantial harm to adverse parties or the general public: [SHOWN / NOT SHOWN] because [________________].

It is ORDERED that the application is:

☐ GRANTED. [IDENTIFY SCOPE, EFFECTIVE DATE, DURATION, AND CONDITIONS.]

☐ GRANTED IN PART. [IDENTIFY TERMS.]

☐ DENIED. [STATE REASONS.]

Dated: [__/__/____]

[________________________________]

[AUTHORIZED AGENCY DECISION MAKER]

9. COURT-MOTION HANDOFF

If the Agency denies the stay or does not afford the requested relief, § 11004 permits a Superior Court motion. The motion must show:

☐ application to the Agency was impracticable; or

☐ application was made and denied, with the Agency's reasons; or

☐ the Agency did not afford the requested relief.

The court motion must also state the reasons and facts relied upon. Facts subject to dispute must be supported by affidavits. Give reasonable notice of the motion to all parties to the agency proceeding.

Handoff File

☐ Filed judicial-review petition

☐ Proof of petition service

☐ Agency-first stay application and exhibits

☐ Proof of agency receipt

☐ Agency order and stated reasons

☐ Affidavits updated for court filing

☐ Notice to every agency-proceeding party

☐ Proposed court order

The court may condition relief on a bond or other appropriate security. Section 11004 exempts the State, state agencies, and state officials from a bond or security requirement.

10. RULE 80C AND TIMING CHECKLIST

Rule 80C(b) incorporates § 11004 for a stay of final agency action. A stay application does not extend the deadline for the judicial-review petition.

☐ Finality and review route confirmed

☐ Judicial-review deadline independently calculated

☐ Petition filed in correct court and venue

☐ Petition served as required by governing law

☐ Agency-first stay request filed without sacrificing petition deadline

☐ Enforcement date monitored

☐ Emergency court procedure confirmed with current court rules and clerk information

11. COMMON ERRORS TO AVOID

• Using § 11004 before final agency action without separate agency-specific authority.
• Treating the judicial-review petition as an automatic stay.
• Presenting a generic four-factor preliminary-injunction test instead of § 11004's three statutory elements.
• Omitting the agency-first application or failing to include the Agency's reasons for denial in the court motion.
• Saying only that the case raises “serious questions” instead of showing a strong likelihood of success.
• Treating harm to the general public as a separate factor while ignoring the statute's “no substantial harm” requirement.
• Relying on conclusory business, financial, professional, or reputational harm without specific facts and evidence.
• Requesting a stay through all appeals without identifying an authorized duration and review route.
• Assuming an automatic stay, bond amount, service method, or agency deadline without exact authority.
• Allowing the stay request to distract from the separate judicial-review filing deadline.

12. OFFICIAL SOURCES

• Maine Legislature, 5 M.R.S. § 11004: https://legislature.maine.gov/statutes/5/title5sec11004.html
• Maine Legislature, 5 M.R.S. § 11007: https://legislature.maine.gov/statutes/5/title5sec11007.html
• Maine Judicial Branch, Maine Rules of Civil Procedure, Rule 80C, amendments effective June 1, 2026: https://www.courts.maine.gov/rules/text/mr_civ_p_only_2026-06-01.pdf