Stay of Enforcement Request - Alabama

STAY OF ENFORCEMENT REQUEST

STATE OF ALABAMA — ADMINISTRATIVE PROCEEDINGS

TABLE OF CONTENTS

1. Stay Request Cover Letter
2. Formal Motion/Petition for Stay of Enforcement
3. Statement of Facts
4. Legal Standard for Stay Under Alabama Law
5. Grounds and Requested Conditions
6. Bond/Security Provisions
7. Emergency Stay Procedures
8. Opposition Response Template
9. Proposed Order Granting Stay
10. Appeal of Stay Denial
11. Document Checklist
12. Practice Tips
13. Sources and References

1. STAY REQUEST COVER LETTER

[DATE: __/__/____]

VIA: ☐ Hand Delivery ☐ Certified Mail ☐ Electronic Filing ☐ Facsimile

[________________________________]
[Circuit Court Clerk]
[________________________________]
[Agency Address]
[________________________________]
[City, State, ZIP]

RE: Request for Stay of Enforcement
Agency Case No.: [________________________________]
In the Matter of: [________________________________]
Order/Decision Dated: [__/__/____]

Dear [________________________________]:

Enclosed for filing is Petitioner's Motion for Stay of Enforcement of the [________________________________] [Order/Decision/Final Action] issued on [__/__/____]. Petitioner requests relief during judicial review under Ala. Code § 41-22-20(c) and any identified agency-specific authority.

The filing of the notice of appeal does not itself stay enforcement of the agency decision. Accordingly, Petitioner files this separate motion for stay to preserve the status quo pending disposition of the appeal.

Respectfully submitted,

_____________________________________________
[Attorney Name / Petitioner Name]
[Alabama State Bar No.: ______________________]
[Firm Name]
[Address]
[Phone: ____________________________________]
[Email: ____________________________________]

2. FORMAL MOTION/PETITION FOR STAY OF ENFORCEMENT

IN THE CIRCUIT COURT OF [________________________________] COUNTY

STATE OF ALABAMA

MOTION FOR STAY OF ENFORCEMENT PENDING [APPEAL / JUDICIAL REVIEW]

COMES NOW the Petitioner, [________________________________], by and through [☐ undersigned counsel / ☐ pro se], and respectfully moves this Court for an order staying enforcement of the [________________________________] [Decision/Order/Final Action] dated [__/__/____] during judicial review under Ala. Code § 41-22-20(c).

In support of this Motion, Petitioner states as follows:

3. STATEMENT OF FACTS

A. Parties and Jurisdiction

1. Petitioner [________________________________] is a [☐ individual / ☐ corporation / ☐ partnership / ☐ limited liability company / ☐ other: ________________] [licensed/permitted/authorized] by the [________________________________] [Agency] to [________________________________].

2. The [________________________________] [Agency] is a state administrative agency of the State of Alabama with jurisdiction over [________________________________].

3. This Court has authority to order a stay under Ala. Code § 41-22-20(c), subject to [any controlling agency-specific statute or rule].

B. Procedural History

4. On [__/__/____], the Agency initiated [☐ enforcement action / ☐ licensing proceeding / ☐ permit revocation / ☐ penalty action / ☐ contested case / ☐ other: ________________] against Petitioner.

5. On [__/__/____], an administrative hearing was conducted before [________________________________] [Administrative Law Judge / Hearing Officer] under [exact governing authority].

6. On [__/__/____], the Agency issued its [☐ Final Order / ☐ Decision / ☐ Notice of Enforcement Action] (the "Order"), which:

☐ Revokes Petitioner's [license/permit/certification]
☐ Suspends Petitioner's [license/permit/certification] for [____] days/months
☐ Imposes a civil penalty of $[________________________________]
☐ Requires Petitioner to [________________________________]
☐ Prohibits Petitioner from [________________________________]
☐ Other: [________________________________]

7. On [__/__/____], Petitioner filed a notice of appeal or review and [cost bond / hardship waiver] with the Agency. On [__/__/____], Petitioner separately filed the petition for judicial review in this Court under Ala. Code § 41-22-20.

8. The filing of the notice of appeal or petition does not itself stay enforcement of the agency decision under Alabama law.

C. Nature of the Enforcement Action

9. [________________________________]
   [Describe the specific enforcement action and its impact on Petitioner in detail]

4. LEGAL STANDARD FOR STAY UNDER ALABAMA LAW

A. Statutory Framework

The following provisions apply only after confirming AAPA coverage and any agency-specific statute or rule.

Ala. Code § 41-22-20(c) — Stay during judicial review:

• The filing of a notice of appeal or petition for judicial review does NOT itself stay enforcement of the agency decision.
• The agency may grant, or the reviewing court may order, a stay upon appropriate terms.
• The order granting a stay shall specify the conditions upon which the stay is granted.

License suspension or revocation (§ 41-22-20(c)):

• If the agency decision has the effect of suspending or revoking a license, a stay shall be granted as a matter of right upon reasonable conditions, UNLESS the reviewing court, upon petition of the agency, determines that a stay would constitute a probable danger to the public health, safety, or welfare.

B. Standard Applicable to Stay Requests

Section 41-22-20(c) says that a non-license stay may be ordered on appropriate terms but does not itself prescribe a universal four-factor test. Identify the exact agency-specific statute, court rule, or controlling authority before using any factor test. If verified authority supplies the following considerations, customize them:

1. Likelihood of success on the merits of the underlying appeal
2. Irreparable harm to the petitioner absent a stay
3. Balance of hardships — whether harm to petitioner outweighs harm to agency and third parties
4. Public interest — whether the stay serves the public interest

C. Special Standard for License Cases

For a decision that suspends or revokes a license, § 41-22-20(c) states:

• A stay is granted as a matter of right upon reasonable conditions
• The reviewing court makes the probable-danger determination on the Agency's petition

D. Burden of Proof

State the burden and supporting authority that actually govern this motion: [________________________________]

5. GROUNDS AND REQUESTED CONDITIONS

The factor prompts below are optional advocacy fields, not a statement that
§ 41-22-20(c) adopts a four-factor test. Use only those supported by the
governing agency-specific and court authority.

Factor 1: Likelihood of Success on the Merits

Petitioner demonstrates a substantial likelihood of success on the merits because:

☐ The Agency exceeded its statutory authority in that: [________________________________]

☐ The Agency's decision is clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record under § 41-22-20(k)(6), because: [________________________________]

☐ The Agency's decision was made upon unlawful procedure: [________________________________]

☐ The Agency violated Petitioner's constitutional rights by: [________________________________]

☐ The Agency's decision was clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record: [________________________________]

☐ The Agency's decision was arbitrary and capricious or characterized by an abuse of discretion: [________________________________]

☐ The Agency's decision was not in accordance with law: [________________________________]

Detailed argument:
[________________________________]
[________________________________]
[________________________________]

Factor 2: Irreparable Harm

Without a stay, Petitioner will suffer irreparable harm that cannot be remedied by monetary damages or other relief:

☐ Loss of license/permit: Petitioner's [________________________________] license/permit will be [revoked/suspended], preventing Petitioner from [________________________________]

☐ Business closure: Without the ability to [________________________________], Petitioner's business will [________________________________]

☐ Loss of employment/livelihood: Petitioner will lose [☐ current employment / ☐ professional standing / ☐ ability to practice in the field of ________________]

☐ Financial devastation: The enforcement action will cause immediate financial harm including [________________________________]

☐ Reputational harm: Enforcement of the order will cause irreparable damage to Petitioner's professional reputation because [________________________________]

☐ Loss of constitutional rights: [________________________________]

☐ Health or safety concerns: [________________________________]

☐ Other irreparable harm: [________________________________]

Detailed argument:
[________________________________]
[________________________________]
[________________________________]

Factor 3: Balance of Hardships

The hardship to Petitioner from denial of a stay substantially outweighs any harm to the Agency or other parties from granting a stay:

Harm to Petitioner if stay is DENIED:
[________________________________]
[________________________________]

Harm to Agency/Third Parties if stay is GRANTED:
[________________________________]
[________________________________]

Analysis:
☐ The Agency will suffer no material harm from a temporary delay in enforcement because [________________________________]

☐ The status quo can be maintained without risk to [☐ public safety / ☐ public health / ☐ consumer protection / ☐ regulatory interests] because [________________________________]

☐ Conditions can be imposed that adequately protect the Agency's interests during the stay period, including [________________________________]

☐ Third parties will not be prejudiced by a stay because [________________________________]

Factor 4: Public Interest

A stay of enforcement serves the public interest because:

☐ The public interest is served by ensuring that agency actions comply with statutory requirements before enforcement

☐ Permitting Petitioner to continue [________________________________] serves the public interest because [________________________________]

☐ There is no immediate threat to public health, safety, or welfare from granting a stay

☐ The public interest favors preserving the status quo pending judicial review to ensure fair administration of the law

☐ The public interest is not endangered by a temporary stay because [________________________________]

☐ [________________________________]

Detailed argument:
[________________________________]
[________________________________]

Special Argument: License Case — Stay as a Matter of Right

(Complete this section if the agency action involves license suspension or revocation)

☐ This matter involves the [☐ suspension / ☐ revocation] of Petitioner's [________________________________] license.

☐ Under Ala. Code § 41-22-20(c), Petitioner requests the stay provided for a decision that suspends or revokes a license.

☐ The Agency has not demonstrated, and cannot demonstrate, that a stay would constitute a probable danger to public health, safety, or welfare because:
[________________________________]
[________________________________]

☐ The proposed conditions set forth below are reasonable and adequate to protect the public during the pendency of the appeal: [________________________________]

6. BOND/SECURITY PROVISIONS

A. Bond Offer

Petitioner [☐ offers / ☐ does not believe a bond is necessary] to post a bond or other security as a condition of the stay.

Proposed bond amount: $[________________________________]
Type of security offered:

☐ Cash deposit
☐ Surety bond
☐ Letter of credit
☐ Real property lien
☐ Other: [________________________________]

B. Conditions Accepted

Petitioner is willing to comply with the following conditions during the stay period:

☐ Maintain current [license/permit/certification] requirements
☐ Continue compliance with [________________________________]
☐ Submit periodic reports to the Agency regarding [________________________________]
☐ Refrain from [________________________________]
☐ Permit Agency inspection or monitoring of [________________________________]
☐ Maintain insurance coverage of $[________________________________]
☐ Limit scope of practice/operations to [________________________________]
☐ Undergo supervision by [________________________________]
☐ Other conditions: [________________________________]

C. Alabama-Specific Bond Considerations

Under Alabama law:

☐ The proposed bond or security is authorized by [________________________________].

☐ In a license suspension or revocation case, proposed conditions are reasonable under § 41-22-20(c).

☐ The stay order must specify the conditions upon which it is granted.

D. Argument Against Bond Requirement

☐ No bond should be required because: [________________________________]
☐ Petitioner lacks financial resources to post a bond and requests a waiver or reduction because: [________________________________]
☐ The nature of the proceeding does not warrant bond because: [________________________________]
☐ In license cases, an excessive bond requirement would effectively deny the stay as a matter of right: [________________________________]

7. EMERGENCY STAY PROCEDURES

A. Request for Emergency/Temporary Stay

When the effective date of the agency order is imminent and the standard motion process would not provide relief in time:

Petitioner requests an emergency temporary stay because:

☐ The enforcement action takes effect on [__/__/____], which is [____] days from this filing
☐ There is insufficient time for the normal briefing schedule
☐ Immediate and irreparable harm will result without emergency relief
☐ The circumstances justifying the emergency are: [________________________________]

B. Emergency Stay Motion

EMERGENCY MOTION FOR TEMPORARY STAY OF ENFORCEMENT

Petitioner respectfully requests that this Court issue an emergency temporary stay of enforcement of the Order dated [__/__/____], to remain in effect until the Court can rule on the pending Motion for Stay of Enforcement, under [exact temporary-relief authority].

Grounds for emergency relief:

1. [________________________________]
2. [________________________________]
3. [________________________________]

Efforts to notify opposing party:
Petitioner [☐ has / ☐ has not] been able to provide notice to the Agency/opposing party. [If not, explain why: ________________________________]

C. Procedure Gate

Confirm the authorized emergency route and notice procedure before filing:

☐ Agency authority and filing rule: [________________________________]
☐ Reviewing-court authority and filing rule: [________________________________]
☐ Notice or supported exception: [________________________________]
☐ Temporary-relief duration and hearing procedure: [________________________________]

Filing Locations for Judicial Review (Ala. Code § 41-22-20(b)):
☐ Circuit Court of Montgomery County
☐ Circuit Court of the county in which the agency maintains its headquarters
☐ Unless another statute provides otherwise, the county where a non-intervenor party resides
☐ Unless another statute provides otherwise, the county of a corporation's specified Alabama registered or principal business office

8. OPPOSITION RESPONSE TEMPLATE

IN THE CIRCUIT COURT OF [________________________________] COUNTY

STATE OF ALABAMA

AGENCY'S OPPOSITION TO MOTION FOR STAY OF ENFORCEMENT

The [________________________________] [Agency], by and through its counsel, hereby opposes Petitioner's Motion for Stay of Enforcement and states as follows:

I. Petitioner Has Not Demonstrated Likelihood of Success on the Merits

[________________________________]

II. Petitioner Will Not Suffer Irreparable Harm

[________________________________]

III. The Balance of Hardships Favors Denial of the Stay

[________________________________]

IV. The Public Interest Weighs Against a Stay

[________________________________]

V. In License Cases: A Stay Would Constitute Probable Danger to Public Health, Safety, or Welfare

(If applicable — the reviewing court decides probable danger on the Agency's petition under § 41-22-20(c))

[________________________________]

VI. If a Stay Is Granted, Conditions Should Be Imposed

☐ Bond in the amount of $[________________________________]
☐ Compliance with [________________________________]
☐ Periodic reporting requirements: [________________________________]
☐ Restriction on [________________________________]
☐ Supervision requirements: [________________________________]
☐ Other: [________________________________]

WHEREFORE, the Agency respectfully requests that this [☐ Court / ☐ Agency] deny Petitioner's Motion for Stay of Enforcement.

Respectfully submitted,

_____________________________________________
[Agency Counsel Name]
[Alabama State Bar No.: ______________________]
[Agency Legal Division / Office]
[Address]
[Phone]
[Email]
Date: [__/__/____]

9. PROPOSED ORDER GRANTING STAY

IN THE CIRCUIT COURT OF [________________________________] COUNTY

STATE OF ALABAMA

ORDER [GRANTING / DENYING] STAY OF ENFORCEMENT

THIS MATTER having come before this Court upon Petitioner's Motion for Stay of Enforcement, and the Court having considered the motion, any opposition, the record of the administrative proceedings, and the applicable law;

THE COURT FINDS that:

☐ Petitioner has demonstrated a substantial likelihood of success on the merits
☐ Petitioner will suffer irreparable harm absent a stay
☐ The balance of hardships favors Petitioner
☐ The public interest supports granting a stay
☐ This matter involves a license [suspension/revocation] governed by Ala. Code § 41-22-20(c)
☐ The Agency has not demonstrated that a stay would constitute a probable danger to public health, safety, or welfare

IT IS HEREBY ORDERED that:

☐ STAY GRANTED: The enforcement of the [________________________________] [Order/Decision] dated [__/__/____] is hereby STAYED pending [☐ judicial review / ☐ further order of this Court], subject to the following conditions:

1. [________________________________]
2. [________________________________]
3. [________________________________]

☐ BOND REQUIRED: Petitioner shall post a bond in the amount of $[________________________________] within [____] days of this Order.

☐ DURATION: This stay shall remain in effect until [__/__/____] or [________________________________], whichever occurs first.

☐ STAY DENIED: The Motion for Stay of Enforcement is DENIED for the following reasons:
[________________________________]

SO ORDERED this [____] day of [________________], 20[____].

_____________________________________________
Circuit Court Judge

10. APPEAL OF STAY DENIAL

A. Options Upon Denial of Stay

If the stay request is denied, identify the route authorized by current law:

☐ Agency-level denial — Seek court stay: File a notice of appeal or petition for judicial review under Ala. Code § 41-22-20 and request a stay from the circuit court.

☐ Circuit-court refusal — Identify the appropriate appellate court: Section 41-22-20(c) permits the party seeking relief to petition the appropriate court to which the appeal or review lies for a stay or supersedeas.

☐ Reconsideration: Authorized by [________________________________].

☐ Renewed or modified request: Authorized by [________________________________].

B. Appellate Procedure Worksheet

11. DOCUMENT CHECKLIST

Documents to File with Stay Request

☐ Motion/Petition for Stay of Enforcement (this document)
☐ Cover letter
☐ Memorandum of law in support of stay
☐ Declaration/Affidavit of Petitioner regarding irreparable harm
☐ Declaration/Affidavit regarding likelihood of success on the merits
☐ Copy of the agency order/decision being challenged
☐ Copy of notice of appeal or petition for judicial review (if filed)
☐ Proposed Order granting stay
☐ Proof of service on all parties
☐ Bond or security documentation (if applicable)
☐ Certificate of compliance with Ala. Code § 41-22-20 filing requirements
☐ Exhibits supporting the stay request:
☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]

Filing Requirements Under Ala. Code § 41-22-20

☐ File the notice of appeal or review and cost bond or supported hardship waiver with the Agency within the applicable § 41-22-20(d) period
☐ File the circuit-court petition separately within 30 days after filing the notice
☐ File in a venue authorized by § 41-22-20(b) or a controlling specific statute
☐ Serve the agency and all parties of record
☐ File the stay motion promptly — filing the appeal alone does NOT stay enforcement
☐ Pay filing fee: $[____]
☐ Retain copy for Petitioner's records
☐ Calendar response deadline and hearing date

Service Requirements

☐ Serve the Agency through the authorized recipient and method
☐ Serve copy on all parties of record
☐ File proof of service with the court
☐ Method of service: ☐ Personal ☐ Mail ☐ Electronic ☐ Facsimile

12. PRACTICE TIPS

Alabama-Specific Considerations

1. No Automatic Stay: Filing the notice or petition does not itself stay enforcement. Obtain an agency grant or reviewing-court order under § 41-22-20(c), using the authorized procedure.

2. License Cases: If the decision suspends or revokes a license, § 41-22-20(c) provides a stay as a matter of right on reasonable conditions unless the reviewing court, on the Agency's petition, determines that a stay would constitute a probable danger to public health, safety, or welfare.

3. Conditions on Stay: Whether granted by the agency or the court, the stay order must specify the conditions. Be proactive in proposing reasonable conditions that will make it easier for the court to grant the stay.

4. Venue: Section 41-22-20(b) lists Montgomery County, the county where the Agency maintains headquarters, and—unless another statute provides otherwise—the county where a non-intervenor party resides or a corporation has the specified Alabama office.

5. Record: Under § 41-22-20(g), the Agency transmits the original or certified record and transcript within 30 days after receiving the notice of appeal, subject to additional time allowed by the Court.

6. Review Grounds: Use the enumerated § 41-22-20(k) grounds supported by the record and the version operative on the review date. Act 2026-319 changes the judicial-review standard effective October 1, 2026, while leaving subsection (c)'s stay rule in place.

7. Service: Section 41-22-20(d) requires petition copies to be served on the Agency and all parties of record. Add another recipient only when current agency-specific or court authority requires it.

8. Supersedeas: The stay under § 41-22-20 functions similarly to a supersedeas. The court has discretion to set conditions, including bond.

9. Timing: Identify the effective date, the separate notice and petition deadlines, and the court's current motion procedure before filing.

10. Professional Licensing Boards: Alabama has numerous professional licensing boards, each with its own rules. Check the specific board's regulations for any additional stay procedures. Common boards include:
    - Board of Medical Examiners
    - Board of Nursing
    - Board of Dental Examiners
    - Board of Pharmacy
    - Real Estate Commission
    - Board of Public Accountancy

Common Pitfalls

• Assuming that filing an appeal automatically stays enforcement (it does not)
• Failing to argue the stay-as-of-right provision in license cases
• Not proposing specific, reasonable conditions for the stay
• Waiting too long to file the stay motion
• Filing in the wrong circuit court
• Assuming an Attorney General service requirement without checking the agency-specific route
• Making conclusory arguments without factual support

13. SOURCES AND REFERENCES

Official Sources

• Ala. Code § 41-22-20: https://alison.legislature.state.al.us/code-of-alabama?section=41-22-20
• Official SB 167 / Act 2026-319 record: https://alison.legislature.state.al.us/bill-search

This template is informational only and requires review and customization by a qualified Alabama attorney. Verify all agency-specific and court requirements before filing.