Motion for Superior Court Stay of Administrative Decision - Alaska

MOTION FOR SUPERIOR COURT STAY OF ADMINISTRATIVE DECISION

USE NOTE

This form is for a stay requested from the superior court after judicial-review proceedings under AS 44.62.570 have begun. It is not an agency-level application under AS 44.62.520 and is not a petition for review of a nonfinal order under Appellate Rules 610-611.

AS 44.62.570(f) permits the court in which judicial-review proceedings are started to stay operation of the administrative order or decision until:

1. The court enters judgment;
2. A notice of further appeal is filed; or
3. The time for further appeal expires.

Under AS 44.62.570(g), a stay may not be imposed or continued if the court is satisfied that it is against the public interest.

The statute does not state a generic four-factor preliminary-injunction test. Confirm any standard imposed by the agency's enabling statute or a rule applicable to the specific decision. Appellate Rule 603 contains special provisions for certain judgments and orders, including bond provisions and particular license-revocation matters.

Filing Gate

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

AT [________________________________]

Case No. [________________________________]

MOTION TO STAY ADMINISTRATIVE ORDER OR DECISION

Appellant moves under AS 44.62.570(f)-(g) and any applicable provision of Appellate Rule 603 to stay [identify order or portion] during this administrative appeal.

1. JUDICIAL-REVIEW PROCEEDING

Appellant filed the notice of appeal on [__/__/____]. The appeal seeks review of [decision title, agency, date, and agency case number].

The final decision was mailed or otherwise distributed on [__/__/____] and became or will become effective on [__/__/____] under [identify controlling law].

2. ORDER OR DECISION TO BE STAYED

Appellant requests a stay of:

[________________________________]

[________________________________]

Any portion not requested to be stayed is:

[________________________________]

3. DURATION REQUESTED

Appellant asks that the stay remain in effect until:

☐ Superior-court judgment
☐ Filing of a notice of further appeal
☐ Expiration of the time for further appeal
☐ An earlier date or event: [________________________________]

The requested duration is within AS 44.62.570(f) because:

[________________________________]

4. PUBLIC INTEREST — AS 44.62.570(g)

The requested stay is not against the public interest.

A. Public Interests Affected

[________________________________]

[________________________________]

B. Protections That Will Remain During the Stay

[________________________________]

[________________________________]

C. Proposed Conditions Protecting the Public

☐ Limited activity or scope: [________________________________]
☐ Supervision or monitoring: [________________________________]
☐ Reporting: [________________________________]
☐ Preservation of funds, records, property, or evidence: [________________________________]
☐ Other: [________________________________]

D. Why the Stay Is Not Against the Public Interest

[________________________________]

[________________________________]

5. PRACTICAL EFFECT ON PARTIES

The immediate effect of enforcement on Appellant would be:

[________________________________]

[________________________________]

The effect of the requested stay on the Agency and other parties would be:

[________________________________]

[________________________________]

This section supplies a concrete record for the Court. It does not assert that harm alone replaces the statutory public-interest limitation or any special standard that applies to the order.

6. AGENCY-SPECIFIC OR RULE-SPECIFIC REQUIREMENTS

The following additional authority applies:

[________________________________]

Appellant satisfies that authority because:

[________________________________]

[________________________________]

7. SECURITY OR SUPERSEDEAS BOND

Appellate Rule 603(a)(2) addresses a supersedeas bond for certain district-court or administrative-agency judgments. The rule generally sets the amount at 125% of the judgment, subject to court adjustment under the rule, and provides exemptions for the State and municipalities.

☐ No monetary judgment or Rule 603(a)(2) bond issue is involved.
☐ Appellant submits the attached bond or cash deposit.
☐ Appellant moves to alter, waive, reduce, or otherwise address security under: [authority].
☐ Another statute or rule controls security: [________________________________].

8. RELIEF REQUESTED

Appellant asks the Court to:

1. Stay [identify order or portion];
2. Set the duration described above;
3. Impose the proposed conditions, if any;
4. Address any security requirement as requested; and
5. Grant other relief authorized by the controlling statute or rule: [________________________________].

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed name and title

DECLARATION SUPPORTING MOTION

I, [________________________________], declare that:

1. I am [role and basis of personal knowledge].
2. The administrative decision requires [________________________________].
3. Its present or expected enforcement effect is [________________________________].
4. During a stay, the following public protections will remain in place: [________________________________].
5. The factual statements in Exhibits [____] are true and correct to the best of my personal knowledge.

Date: [__/__/____]

_________________________________________
Signature

PROPOSED ORDER

ORDER ON MOTION TO STAY ADMINISTRATIVE DECISION

The Court has considered Appellant's motion, the opposition and reply if any, the record submitted, AS 44.62.570(f)-(g), Appellate Rule 603 if applicable, and any agency-specific law.

The motion is:

☐ GRANTED
☐ GRANTED IN PART
☐ DENIED

The following order or portion is stayed:

[________________________________]

The stay remains in effect until [________________________________], subject to these conditions:

[________________________________]

The Court's public-interest finding is:

[________________________________]

Date: [__/__/____]

_________________________________________
Superior Court Judge

MOTION AND SERVICE CHECKLIST

☐ Judicial-review proceeding has begun
☐ Correct administrative decision attached or already in record
☐ Exact portion and duration of stay identified
☐ Public-interest facts supported by declaration and exhibits
☐ Agency-specific stay restrictions checked
☐ Correct Appellate Rule 603 subsection checked
☐ Bond or security issue addressed if applicable
☐ Motion served on all parties
☐ Proposed order included if required by local practice
☐ Hearing or response deadline calendared

OFFICIAL SOURCES

• AS 44.62.540-.570, official Alaska Legislature print range:
  https://www.akleg.gov/basis/statutes.asp?media=print&secStart=44.62.540&secEnd=44.62.570

• Alaska Rules of Appellate Procedure, official Alaska Court System PDF:
  https://courts.alaska.gov/rules/docs/app.pdf

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in Alaska before use. Verified against official Alaska statutes and Alaska Appellate Rule 603 current on August 9, 2026, with 34th Legislature bill-reference checks completed for the retained core statutes.