Stay of Enforcement Request - Arkansas

STAY OF ENFORCEMENT REQUEST

STATE OF ARKANSAS — 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 Arkansas Law
5. Grounds Analysis (Four-Factor Test)
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

[________________________________]
[Agency Name]
[________________________________]
[Agency Address]
[________________________________]
[City, State, ZIP]

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

Dear [________________________________]:

Enclosed please find Petitioner's Motion for Stay of Enforcement of the [________________________________] [Order/Decision/Final Action] issued on [__/__/____] in the above-referenced matter. Petitioner respectfully requests that enforcement of the agency's action be stayed pending [☐ agency-level appeal / ☐ judicial review] pursuant to Ark. Code Ann. § 25-15-212(d) and applicable agency regulations.

Under Arkansas law, the filing of a petition for judicial review does not automatically stay enforcement of the agency decision. This motion sets forth the grounds warranting a discretionary stay.

Respectfully submitted,

_____________________________________________
[Attorney Name / Petitioner Name]
[Arkansas Bar No.: __________________________]
[Firm Name]
[Address]
[Phone: ____________________________________]
[Email: ____________________________________]

2. FORMAL MOTION/PETITION FOR STAY OF ENFORCEMENT

IN THE [☐ CIRCUIT COURT OF ________________ COUNTY / ☐ BEFORE THE ________________________________ (AGENCY)]

STATE OF ARKANSAS

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

COMES NOW the Petitioner, [________________________________], by and through [☐ undersigned counsel / ☐ pro se], and respectfully moves this [☐ Honorable Court / ☐ Agency] for an order staying enforcement of the [________________________________] [Decision/Order/Final Action] dated [__/__/____], pending [☐ agency review / ☐ judicial review pursuant to Ark. Code Ann. § 25-15-212].

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 Arkansas with jurisdiction over [________________________________].

3. This [☐ Court / ☐ Agency] has authority to grant a stay of enforcement under [☐ Ark. Code Ann. § 25-15-212(d) / ☐ agency-specific 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 / Board].

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 [________________________________]
☐ Issues a cease and desist order regarding [________________________________]
☐ Other: [________________________________]

7. On [__/__/____], Petitioner [☐ filed a petition for judicial review under Ark. Code Ann. § 25-15-212 / ☐ filed an agency-level appeal / ☐ filed a petition for rehearing].

8. Pursuant to Ark. Code Ann. § 25-15-212(d), the filing of a petition for judicial review does not automatically stay enforcement of the agency decision.

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 ARKANSAS LAW

A. Statutory Framework

The Arkansas Administrative Procedure Act (APA), Ark. Code Ann. § 25-15-201 et seq., governs administrative proceedings and judicial review in Arkansas. Key stay provisions include:

Ark. Code Ann. § 25-15-212(d) — Stay Pending Judicial Review:

The filing of a petition for judicial review does not automatically stay enforcement of the agency decision. However, the agency may grant a stay, or the reviewing court may order a stay, upon such terms as may be just.

Key principles under § 25-15-212(d):

• No automatic stay upon filing of a petition for judicial review
• Either the agency or the reviewing court has discretion to grant a stay
• The stay may be granted "upon such terms as may be just"
• Bond or other security may be required as a condition

Special Provision for Healing Arts Professions:

Under Ark. Code Ann. § 25-15-212, for judicial review of disciplinary orders issued by professional licensing boards governing professions of the healing arts, the reviewing court, only after notice and hearing, may issue all necessary and appropriate process to postpone the effective date of the agency action or to preserve status or rights pending conclusion of review proceedings.

B. Standard Applicable to Stay Requests

Arkansas courts evaluate stay requests using the traditional four-factor equitable test:

1. Likelihood of success on the merits of the petition for judicial review
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. Scope of Judicial Review

Under Ark. Code Ann. § 25-15-212(h), the court may reverse or modify the agency decision if the substantial rights of the petitioner have been prejudiced because the agency action is:

☐ Not supported by substantial evidence
☐ In violation of constitutional or statutory provisions
☐ In excess of the agency's statutory authority
☐ Made upon unlawful procedure
☐ Affected by other error of law
☐ Arbitrary, capricious, or characterized by abuse of discretion

D. Burden of Proof

The petitioner bears the burden of establishing that the factors support a stay. The court has broad discretion in fashioning the terms and conditions of a stay.

5. GROUNDS ANALYSIS (FOUR-FACTOR TEST)

Factor 1: Likelihood of Success on the Merits

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

☐ The Agency's decision is not supported by substantial evidence because: [________________________________]

☐ The Agency violated constitutional provisions, specifically: [________________________________]

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

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

☐ The Agency's decision was affected by an error of law: [________________________________]

☐ The Agency's decision was arbitrary, capricious, or an abuse of discretion because: [________________________________]

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

☐ The Agency failed to make adequate findings of fact: [________________________________]

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: [________________________________]

☐ Loss of patients/clients: As a healing arts professional, Petitioner's patients will lose access to care because [________________________________]

☐ 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

☐ Continued access to Petitioner's services benefits the public because [________________________________]

☐ [________________________________]

Detailed argument:
[________________________________]
[________________________________]

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 [________________________________]
☐ Submit to supervision or monitoring by [________________________________]
☐ Other conditions: [________________________________]

C. Arkansas-Specific Bond Considerations

Under Ark. Code Ann. § 25-15-212(d):

☐ The court or agency may impose a stay "upon such terms as may be just," which may include bond or other security

☐ The terms of the stay are within the discretion of the court or agency

☐ For healing arts professional licensing cases, the court may issue process to preserve status or rights — argue that bond should not be excessive where it would effectively deny the stay

☐ The court should consider Petitioner's financial ability to post bond

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: [________________________________]
☐ The stay would be rendered meaningless by an excessive bond requirement: [________________________________]

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 [☐ Honorable Court / ☐ Agency] issue an emergency temporary stay of enforcement of the Order dated [__/__/____], to remain in effect until this [☐ Court / ☐ Agency] can rule on the pending Motion for Stay of Enforcement.

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. Arkansas-Specific Emergency Procedures

Under Arkansas practice, emergency stays may be sought:

☐ From the agency that issued the order (agency-level stay under § 25-15-212(d))
☐ From the circuit court upon filing of a petition for judicial review
☐ By filing a motion for emergency temporary restraining order under Ark. R. Civ. P. 65
☐ By requesting ex parte relief in truly exigent circumstances

Filing Locations for Judicial Review (Ark. Code Ann. § 25-15-212(a)):
☐ Circuit court of any county in which the petitioner resides or does business
☐ Pulaski County Circuit Court

D. Healing Arts Professional Cases — Special Procedures

For disciplinary orders issued by professional licensing boards governing healing arts professions:

☐ The reviewing court may issue all necessary and appropriate process to postpone the effective date
☐ The court may preserve the status quo or rights pending conclusion of review
☐ Notice and hearing are required before the court may issue such process
☐ Request an expedited hearing on the stay motion

8. OPPOSITION RESPONSE TEMPLATE

IN THE CIRCUIT COURT OF [________________________________] COUNTY

STATE OF ARKANSAS

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. Bond and Conditions Are Required

If the Court is inclined to grant a stay, the Agency requests the following conditions:

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

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

Respectfully submitted,

_____________________________________________
[Agency Counsel Name / Assistant Attorney General]
[Arkansas Bar No.: __________________________]
[Address]
[Phone]
[Email]
Date: [__/__/____]

9. PROPOSED ORDER GRANTING STAY

IN THE CIRCUIT COURT OF [________________________________] COUNTY

STATE OF ARKANSAS

ORDER [GRANTING / DENYING] STAY OF ENFORCEMENT

THIS MATTER having come before this Court upon Petitioner's Motion for Stay of Enforcement pursuant to Ark. Code Ann. § 25-15-212(d), 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
☐ The terms and conditions set forth below are just and appropriate

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], upon the following terms:

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, Petitioner may:

☐ Agency-level denial — Seek court stay: File a petition for judicial review under Ark. Code Ann. § 25-15-212 and request a stay from the circuit court.

☐ Circuit court denial — Seek appellate review: File an interlocutory appeal or petition for writ of certiorari/mandamus to the Arkansas Court of Appeals or Supreme Court.

☐ Request reconsideration: File a motion for reconsideration of the denial, presenting additional facts or arguments.

☐ Modify the request: Submit a revised stay request with different or additional conditions or security.

B. Appellate Review of Stay Denial

Under Arkansas Rule of Appellate Procedure — Civil 8, a party may seek a stay pending appeal from the appellate court if the trial court has denied a stay.

Requirements:
☐ Demonstrate that the circuit court denied the stay (or that application is impracticable)
☐ Present the same four factors applicable to the original stay request
☐ Provide the appellate court with relevant portions of the record
☐ Explain the urgency and timeline

C. Interlocutory Appeal

In some circumstances, the denial of a stay may be immediately appealable as a collateral order or under the exception for orders that may cause irreparable harm if not immediately reviewed.

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 (brief)
☐ 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 petition for judicial review (if filed)
☐ Proposed Order granting stay
☐ Proof of service on all parties
☐ Bond or security documentation (if applicable)
☐ Exhibits supporting the stay request:
☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]

Filing Requirements Under Ark. Code Ann. § 25-15-212

☐ File petition for judicial review within 30 days of receipt of agency's final order
☐ File in the circuit court of any county where petitioner resides or does business, or in Pulaski County Circuit Court
☐ Serve the agency and all parties of record
☐ File the stay motion promptly — the petition for judicial review does NOT automatically stay enforcement
☐ Pay filing fee: $[____]
☐ Consider filing the stay motion simultaneously with the petition for judicial review
☐ Retain copy for Petitioner's records
☐ Calendar response deadline and hearing date

Service Requirements

☐ Serve copy on agency counsel (Attorney General's Office or agency legal division)
☐ Serve copy on all parties of record
☐ File proof of service with the court
☐ Method of service: ☐ Personal ☐ Mail ☐ Electronic ☐ Facsimile

12. PRACTICE TIPS

Arkansas-Specific Considerations

1. No Automatic Stay: The filing of a petition for judicial review does NOT automatically stay enforcement of the agency decision under Ark. Code Ann. § 25-15-212(d). You must file a separate motion for stay.

2. Dual Avenues for Stay: A stay may be sought from either (a) the agency itself or (b) the reviewing court. Consider requesting an agency-level stay first, as the agency may have more familiarity with the subject matter and may act more quickly.

3. "Upon Such Terms as May Be Just": The statute gives broad discretion to the court or agency in setting conditions for a stay. Be proactive in proposing reasonable conditions that address the opposing party's concerns.

4. Healing Arts Professions — Special Rule: If your client is a healing arts professional (physician, dentist, nurse, pharmacist, etc.) facing a disciplinary order from a professional licensing board, there is a special statutory provision. The reviewing court may issue process to postpone the effective date or preserve rights, but only after notice and hearing. Plan accordingly for the hearing requirement.

5. Filing Location: You may file the petition for judicial review in the circuit court of any county where the petitioner resides or does business, or in Pulaski County. Choose strategically based on docket speed and judicial familiarity with administrative law.

6. Substantial Evidence Standard: Arkansas circuit courts review agency factual findings under the substantial evidence standard (§ 25-15-212(h)). Frame your likelihood-of-success argument around the statutory grounds for reversal.

7. Bond Requirements: Be prepared to address bond. While § 25-15-212(d) does not specifically mandate bond, courts have discretion to require it as one of the "terms" of the stay. Propose an amount that is reasonable and does not effectively deny the stay.

8. Simultaneous Filing: File the stay motion simultaneously with the petition for judicial review. This demonstrates urgency and ensures the court has the full context.

9. Agency-Specific Rules: Many Arkansas agencies have their own procedural rules that may provide additional stay mechanisms. Check the specific agency's regulations before filing. Common agencies include:
   - Arkansas Department of Health
   - Arkansas State Medical Board
   - Arkansas Insurance Department
   - Department of Environmental Quality
   - Arkansas Public Service Commission
   - Arkansas State Board of Pharmacy

10. Record Preparation: Under § 25-15-212(c), the agency must prepare the record for judicial review. If a stay ruling is needed quickly, request expedited preparation of the record.

Timing Strategy

• File the stay motion as early as possible, ideally simultaneously with the petition for judicial review
• Calendar the 30-day deadline for filing the petition for judicial review
• If seeking an agency-level stay first, do so before the order becomes effective
• Request an expedited hearing on the stay motion

Common Pitfalls

• Assuming that filing a petition for judicial review stays enforcement (it does not)
• Failing to distinguish between agency-level and court-level stay procedures
• Not requesting a hearing in healing arts professional licensing cases (required by statute)
• Making conclusory statements without factual support
• Ignoring the bond issue
• Filing in the wrong county
• Missing the 30-day deadline for filing the petition for judicial review

13. SOURCES AND REFERENCES

Arkansas Statutes

• Ark. Code Ann. § 25-15-201 et seq. — Arkansas Administrative Procedure Act
• Ark. Code Ann. § 25-15-202 — Definitions
• Ark. Code Ann. § 25-15-208 — Contested Cases — Notice and Hearing
• Ark. Code Ann. § 25-15-210 — Decisions and Orders
• Ark. Code Ann. § 25-15-212 — Administrative Adjudication — Judicial Review
• Ark. Code Ann. § 25-15-212(d) — Stay Pending Judicial Review
• Ark. Code Ann. § 25-15-213 — Appeals

Arkansas Court Rules

• Arkansas Rules of Appellate Procedure — Civil, Rule 8 (Stay Pending Appeal)
• Arkansas Rules of Civil Procedure, Rule 65 (Injunctions and Restraining Orders)

Official Resources

• Arkansas Legislature: https://www.arkleg.state.ar.us/
• Arkansas Secretary of State (Administrative Rules): https://www.sos.arkansas.gov/rules-regulations
• Arkansas Judiciary: https://courts.arkansas.gov/
• Arkansas Attorney General: https://arkansasag.gov/

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 Arkansas before use. Laws and procedures change; verify all citations and requirements are current before filing. Last updated: 2026-03-08.