Stay of Agency Enforcement Application - Washington

APPLICATION TO STAY EFFECTIVENESS OF FINAL AGENCY ORDER

Before the [AGENCY / BOARD / COMMISSION]

To the presiding or reviewing officer identified below:

[PARTY NAME] applies under RCW 34.05.467 for a stay of the effectiveness of the final order identified above. The requested stay is ☐ in full ☐ limited to the following provisions: [________________________________]. I request a written ruling by [__/__/____] because [IDENTIFY THE IMMINENT EFFECT OR COMPLIANCE DATE].

Before you use this: Confirm that this is a final order, identify the officer designated by agency rule, and check the order and any other governing statute for a different petition deadline. RCW 34.05.467's default is ten days from service of the final order. The agency's grant of a stay must be obtained; this application does not itself suspend the order.

1. Order and filing details

1. The final order was served on [PARTY] on [__/__/____] by [METHOD]. A complete copy is Exhibit A. Its terms requiring immediate action are: [________________________________].

2. The order states the following procedure and time limit for seeking a stay, if any: [________________________________]. The agency rule governing disposition of a stay petition is [RULE / SOURCE AND EXACT SECTION]: [________________________________]. Under that rule, the proper recipient is [NAME AND TITLE]: [________________________________].

3. This application is submitted on [__/__/____]. The applicable deadline is [__/__/____], calculated from [SERVICE DATE AND CONTROLLING RULE OR ORDER]: [________________________________].

4. The underlying agency matter is at this stage: [________________________________]. Any separate request for reconsideration, agency review, or judicial review is identified here, with filing date and status: [________________________________].

2. Grounds for a stay

Specific order provisions challenged: [________________________________]

Factual or legal reasons a stay is warranted, with record references: [________________________________]

Concrete consequence if the order takes effect before the challenge is resolved: [________________________________]

Effect of a stay on other parties and the public: [________________________________]

Any agency-specific stay standard or conditions, with exact source: [________________________________]

Supporting documents and witness statements: [________________________________]

3. Requested terms

I request that the officer designated by the agency's rule stay [IDENTIFY PROVISIONS] beginning [__/__/____] and lasting until ☐ the agency decides [IDENTIFY PENDING REVIEW] ☐ [OTHER SPECIFIC DATE OR EVENT]. I propose these conditions, if the agency finds them appropriate: [________________________________].

Please send the ruling to [EMAIL / MAILING ADDRESS] and notify me promptly if additional information is required. I request that the order specify the provisions stayed, the effective time, the duration, and any conditions.

4. Attachments

☐ Exhibit A: Complete final order and proof of service

☐ Exhibit B: Documents supporting the stated facts and harm

☐ Exhibit C: Copy of any separately filed review or reconsideration request

☐ Exhibit D: Proposed conditions or interim compliance plan

☐ Other: [________________________________]

5. Signature and filing

I certify that the factual statements in this application are accurate to the best of my knowledge.

Party / authorized representative: [________________________________]

Title or relationship to party: [________________________________]

Signature: [________________________________] Date: [__/__/____]

Mailing address: [________________________________]

Email: [________________________________] Telephone: [________________________________]

Filed with: [OFFICER / OFFICE] by [METHOD] on [DATE AND TIME].

Other parties served, method, and date: [________________________________]

Proof of filing and service attached: ☐ Yes ☐ No

Source

• RCW 34.05.467