Stay of Agency Enforcement Application - North Carolina

North Carolina Administrative Law Updated August 21, 2026 Free Word and PDF

NORTH CAROLINA PRE-FINAL AGENCY OR OAH STAY APPLICATION

1. Mandatory Stay-Route Gate

Do not use the application until one route is supported by current official authority.

Route A — Article 3 OAH Contested Case

☐ The contested case is governed by Article 3.

☐ An administrative law judge is assigned.

☐ Applicant asks the ALJ under § 150B-33(b)(6) to stay the contested agency action pending the outcome of the case.

☐ Counsel has verified the current Rule 65 procedure and official case authority: [________________________________].

Section 150B-33(b)(6) supplies the ALJ's power and makes the stay subject to Rule 65. It does not itself state a four-factor test, automatic bond, or emergency filing method.

Route B — Agency-Specific Administrative Stay

☐ The selected agency may stay its own action under this enabling statute, rule, or order: [________________________________].

☐ The exact decision-maker, standard, deadline, filing method, notice, evidence, security, and order authority are: [________________________________].

Chapter 150B does not provide one generic applicant-to-agency stay route. Do not cite § 150B-48 as authority for an agency to grant this application; that section addresses an application to the reviewing court.

Route C — Agency Motion Based on Related Federal Proceedings

☐ The moving party is the agency, not the regulated person.

☐ The case is governed by ☐ Article 3 and § 150B-33(a) ☐ Article 3A with an ALJ and § 150B-40(e).

☐ Supporting affidavits identify litigation or administrative proceedings before a federal agency that will determine the agency's position, in whole or in part.

This mandatory-stay route is narrow. It does not create a general merits or hardship stay for a private applicant.

Route D — Final Decision and Judicial Review

☐ A final decision has issued and judicial review is pending or about to begin.

☐ The request belongs in the reviewing court under § 150B-48, not in this administrative application.

Use the separately verified court-stay packet and current Rule 65 authority.

2. Authority and Procedure Worksheet

  • Applicant or moving agency: [________________________________]
  • Respondent or opposing party: [________________________________]
  • Agency and program: [________________________________]
  • OAH case number or agency docket: [________________________________]
  • Controlling Article or alternate statute: [________________________________]
  • Operative action or order: [________________________________]
  • Effective or compliance date: [__/__/____]
  • Exact stay authority: [________________________________]
  • Current procedural rule: [________________________________]
  • Current standard or required findings: [________________________________]
  • Filing recipient and method: [________________________________]
  • Service and notice recipients: [________________________________]
  • Emergency procedure: [________________________________]
  • Evidence or affidavit requirements: [________________________________]
  • Security or conditions authority: [________________________________]
  • Duration and modification authority: [________________________________]

3. Application for Administrative Stay

Party Role
[APPLICANT OR MOVING AGENCY], Applicant / Movant
v.
[OTHER PARTY], Respondent

BEFORE [AGENCY OR OFFICE OF ADMINISTRATIVE HEARINGS]

Docket or Case No. [________________________________]

APPLICATION OR MOTION TO STAY [IDENTIFIED ACTION]

[Applicant / Movant] [________________________________], through counsel, requests a stay from [decision-maker] under [exact statute and rule] and states:

Proceeding and Authority

  1. The underlying proceeding concerns: [________________________________].

  2. The action to be stayed is [________________________________], issued on [__/__/____] and scheduled to operate on [__/__/____]. A copy is attached as Exhibit [____].

  3. This proceeding is governed by ☐ Article 3 ☐ Article 3A ☐ alternate statute: [________________________________].

  4. The decision-maker has stay authority under: [________________________________].

  5. The current procedural rule and standard are: [________________________________].

Facts Supporting the Verified Standard

  1. The specific facts relevant to each required element are:
  • Required element: [________________________________]
  • Supporting fact: [________________________________]
  • Evidence or affidavit: [________________________________]

  1. Additional required element and support: [________________________________].

  2. The requested stay would postpone only: [________________________________].

  3. The requested duration is: [________________________________].

  4. Proposed conditions supported by the cited authority are: [________________________________].

Route-Specific Allegations

If Using § 150B-33(b)(6)

  1. The Article 3 contested agency action is: [________________________________].

  2. The requested stay remains subject to the current Rule 65 procedure identified above.

If the Agency Uses § 150B-33(a) or § 150B-40(e)

  1. The related federal litigation or administrative proceeding is: [________________________________].

  2. It is pending with or before this federal agency: [________________________________].

  3. It will determine the agency's position, in whole or in part, because: [________________________________].

  4. Supporting affidavits are attached as Exhibits [________________________________].

If Using Agency-Specific Authority

  1. The enabling statute, rule, or order requires: [________________________________].

  2. Applicant satisfies each requirement as follows: [________________________________].

Requested Relief

WHEREFORE, [Applicant / Movant] requests that [decision-maker]:

☐ Stay only the following identified action: [________________________________].

☐ Set the stay to expire on or upon: [________________________________].

☐ Impose only these supported conditions: [________________________________].

☐ Schedule the following supported emergency or expedited procedure: [________________________________].

☐ Grant other relief supported by this authority: [________________________________].

Respectfully submitted on [__/__/____].

[________________________________]

Attorney for [Applicant / Movant]

North Carolina State Bar No. [________________________________]

[________________________________]

Telephone: [________________________________]

Email: [________________________________]

4. Evidence and Proposed-Order Checklist

☐ Operative action, order, notice, or decision and proof of service.

☐ Contested-case petition or agency filing establishing the procedural route.

☐ Current enabling statute and procedural rule.

☐ Affidavits or declarations required by the selected authority.

☐ Exhibits tied to each required element.

☐ Service list derived from the current rule, order, and parties of record.

☐ Proposed order limited to relief the decision-maker may grant.

☐ Duration, conditions, modification, dissolution, and security terms supported by authority.

☐ Confidential or protected material handled under current filing rules.

5. Proposed Order Framework

ORDER ON APPLICATION OR MOTION TO STAY

The decision-maker finds that the request is governed by [________________________________] and that the verified requirements are ☐ satisfied ☐ not satisfied for these record-supported reasons: [________________________________].

IT IS ORDERED:

☐ The following action is stayed: [________________________________].

☐ The request is denied.

☐ The stay begins on [__/__/____] and ends on [________________________________].

☐ The following conditions apply: [________________________________].

☐ Security is ☐ required ☐ not required under this authority: [________________________________].

☐ Modification or dissolution may be requested under: [________________________________].

Entered on [__/__/____].

[________________________________]

[Agency Official / Administrative Law Judge]

6. Judicial-Review Handoff

If a final administrative decision has issued, do not convert this agency application into a court motion by changing the caption alone. Section 150B-48 sends the aggrieved person to the reviewing court before or during judicial review, makes the decision discretionary, and subjects it to Rule 65.

Before filing in court, verify:

☐ Finality, exhaustion, judicial-review petition, deadline, and venue.

☐ Current Rule 65 text and official stay authority.

☐ Court caption, notice, evidence, security, and proposed-order requirements.

☐ Whether an agency-specific law changes the stay route.

7. Sources and References

  • North Carolina General Assembly, § 150B-33, ALJ powers: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_150B/GS_150B-33.pdf

  • North Carolina General Assembly, § 150B-40, Article 3A requested-ALJ route: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_150B/GS_150B-40.pdf

  • North Carolina General Assembly, Chapter 150B: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_150B.pdf

This packet must be conformed to the selected agency's current enabling law, procedural rule, and operative order before filing.

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About this template

Last updated
August 21, 2026
Citations checked
August 21, 2026
Jurisdiction
North Carolina
Category
Administrative Law

Legal authority

  • N.C. Gen. Stat. § 150B-33(a)
  • N.C. Gen. Stat. § 150B-33(b)(6)
  • N.C. Gen. Stat. § 150B-40(e)
  • N.C. Gen. Stat. § 150B-48

Administrative law covers how you interact with government agencies, from filing a comment on a proposed rule to appealing a denied license or benefit. Agency processes have their own forms, deadlines, and evidence standards that are different from what courts use. Getting the paperwork wrong usually means missing a deadline or losing the right to appeal, so precision in these documents matters as much as it does in a courtroom filing.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on August 21, 2026.

N.C. Gen. Stat. § 150B-48 (checked August 21, 2026): "At any time before or during the review proceeding, the person aggrieved may apply to the reviewing court for an order staying the operation of the administrative decision pending the outcome of the review. The court may grant or deny the stay in its discretion upon such terms as it deems proper and subject to the provisions of G.S. 1A-1, Rule 65."

N.C. Gen. Stat. §§ 150B-34 and 150B-40(e) (checked August 21, 2026): "Except as provided in G.S. 150B-36(c), in each contested case the administrative law judge shall make a final decision or order that contains findings of fact and conclusions of law. The administrative law judge shall make a proposal for decision, which shall contain proposed findings of fact and proposed conclusions of law. The agency may make its final decision only after the administrative law judge's proposal for decision is served on the parties, and an opportunity is given to each party to file exceptions and proposed findings of fact and to present oral and written arguments to the agency."

N.C. Gen. Stat. § 150B-33(a) (checked August 21, 2026): "An administrative law judge shall stay any contested case under this Article on motion of an agency which is a party to the contested case, if the agency shows by supporting affidavits that it is engaged in other litigation or administrative proceedings, by whatever name called, with or before a federal agency, and this other litigation or administrative proceedings will determine the position, in whole or in part, of the agency in the contested case."

N.C. Gen. Stat. § 150B-33(b)(6) (checked August 21, 2026): "An administrative law judge may: Stay the contested action by the agency pending the outcome of the case, upon such terms as he deems proper, and subject to the provisions of G.S. 1A-1, Rule 65."

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