Stay of Enforcement Request - Arizona

STAY OF ENFORCEMENT REQUEST

STATE OF ARIZONA — 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 Arizona 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
Agency Case No.: [________________________________]
OAH Docket No.: [________________________________] (if applicable)
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 [☐ rehearing under A.R.S. § 41-1092.11 / ☐ judicial review under A.R.S. § 12-901 et seq.] and applicable agency regulations.

Under Arizona law, the filing of a petition for judicial review does not automatically stay the enforcement of the agency's decision. Petitioner files this separate motion to preserve the status quo pending the resolution of the appeal.

Respectfully submitted,

_____________________________________________
[Attorney Name / Petitioner Name]
[State Bar of Arizona No.: ____________________]
[Firm Name]
[Address]
[Phone: ____________________________________]
[Email: ____________________________________]

2. FORMAL MOTION/PETITION FOR STAY OF ENFORCEMENT

IN THE [☐ SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF ________________ / ☐ BEFORE THE ________________________________ (AGENCY) / ☐ OFFICE OF ADMINISTRATIVE HEARINGS]

STATE OF ARIZONA

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

COMES NOW the Petitioner, [________________________________], by and through [☐ undersigned counsel / ☐ pro se], and respectfully moves this [☐ Honorable Court / ☐ Agency / ☐ Office of Administrative Hearings] for an order staying enforcement of the [________________________________] [Decision/Order/Final Action] dated [__/__/____], pending [☐ rehearing pursuant to A.R.S. § 41-1092.11 / ☐ judicial review pursuant to A.R.S. § 12-901 et seq.].

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 Arizona with jurisdiction over [________________________________].

3. This [☐ Court / ☐ Agency / ☐ OAH] has authority to grant a stay of enforcement under [________________________________] [cite specific authority].

B. Procedural History

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

5. The matter [☐ was / ☐ was not] heard by the Office of Administrative Hearings (OAH) pursuant to A.R.S. § 41-1092.03.

6. On [__/__/____], an administrative hearing was conducted before [________________________________] [Administrative Law Judge / Hearing Officer / Board].

7. On [__/__/____], the [☐ ALJ issued a recommended decision / ☐ Agency head issued a final decision / ☐ Agency issued its final order] (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 [________________________________]
☐ Denies Petitioner's [application/renewal] for [________________________________]
☐ Other: [________________________________]

8. On [__/__/____], Petitioner [☐ filed a motion for rehearing under A.R.S. § 41-1092.11 / ☐ filed a petition for judicial review under A.R.S. § 12-901 et seq.].

9. Under Arizona law, the filing of a petition for judicial review does not automatically stay enforcement of the agency decision.

C. Nature of the Enforcement Action

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

4. LEGAL STANDARD FOR STAY UNDER ARIZONA LAW

A. Statutory Framework

Arizona administrative law is governed by several overlapping statutory schemes, including:

A.R.S. § 41-1092 et seq. — Uniform Administrative Hearing Procedures:

Establishes the Office of Administrative Hearings (OAH) and procedures for administrative hearings. Under A.R.S. § 41-1092.08, a party may appeal a final administrative decision to the superior court pursuant to A.R.S. Title 12, Chapter 7, Article 6.

A.R.S. § 41-1092.11 — Rehearing or Review:

A party may file a motion for rehearing or review within 30 days after service of the final administrative decision. The agency head has discretion to grant rehearing or review. The motion for rehearing does not stay the enforcement of the decision unless the agency orders otherwise.

A.R.S. § 12-901 et seq. — Judicial Review of Administrative Decisions:

Provides for judicial review of final administrative decisions in superior court. The court may issue a stay of enforcement pending review upon appropriate terms.

A.R.S. § 12-910 — Scope of Review:

Defines the grounds for judicial reversal of agency decisions, including arbitrary and capricious action, abuse of discretion, unsupported by substantial evidence, and contrary to law.

B. Standard Applicable to Stay Requests

Arizona courts apply the traditional four-factor test for evaluating stay requests:

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. Agency vs. Court Authority

☐ Agency-Level Stay: The agency that issued the order may stay its own decision pending rehearing under A.R.S. § 41-1092.11 or as part of its inherent authority. Many agencies have specific regulations addressing stays.

☐ OAH Stay: If the matter was heard by the OAH, the ALJ or agency head may have authority to stay the decision pending further proceedings.

☐ Court-Level Stay: The superior court, upon a petition for judicial review under A.R.S. § 12-901 et seq., may stay the agency action pending the outcome of judicial review.

D. Automatic Stay — Limited Circumstances

Under certain Arizona regulatory statutes, the filing of an appeal may automatically stay enforcement. Check the specific enabling statute for your agency. Examples include:

☐ Certain environmental enforcement actions
☐ Specific professional licensing statutes
☐ Tax assessment appeals (A.R.S. § 42-1254)

E. Burden of Proof

The movant bears the burden of establishing that the four factors weigh in favor of granting a stay. The court exercises its discretion in determining whether the circumstances warrant interim relief.

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 as required by A.R.S. § 12-910(E): [________________________________]

☐ The Agency acted arbitrarily, capriciously, or abused its discretion: [________________________________]

☐ The Agency's decision was contrary to law: [________________________________]

☐ The Agency exceeded its constitutional or statutory authority: [________________________________]

☐ The Agency violated Petitioner's due process rights (notice and hearing requirements): [________________________________]

☐ The Agency's decision was based on an unlawful procedure: [________________________________]

☐ The Agency failed to properly apply its own rules or regulations: [________________________________]

☐ The Agency's findings do not support its conclusions of 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

☐ Arizona's regulatory framework is best served by ensuring proper procedural protections before enforcement

☐ [________________________________]

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. Arizona-Specific Bond Considerations

☐ The superior court has broad discretion in setting bond or security requirements as a condition of a stay

☐ The court may require bond sufficient to protect the agency's interests and the interests of affected third parties

☐ The amount of bond should be reasonable and proportionate to the potential harm

☐ For license cases, argue that an excessive bond requirement would effectively deny access to judicial review

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 potential harm to the Agency/public is minimal because: [________________________________]

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. Arizona-Specific Emergency Procedures

Under Arizona practice, emergency stays may be sought:

☐ From the agency that issued the order (agency-level stay)
☐ From the OAH if the matter is pending before an ALJ
☐ From the superior court upon filing of a petition for judicial review
☐ By filing an application for temporary restraining order under Ariz. R. Civ. P. 65
☐ By requesting ex parte relief in exigent circumstances with prompt subsequent notice

Arizona Superior Court Filing:
☐ File petition for judicial review under A.R.S. § 12-901 et seq.
☐ File the stay motion simultaneously
☐ Request expedited hearing or ex parte consideration
☐ File in the county where the agency has its main office or where the contested action arose

OAH Contact Information:
Office of Administrative Hearings
1400 West Washington Street, Suite 101
Phoenix, AZ 85007
Phone: (602) 542-9826

8. OPPOSITION RESPONSE TEMPLATE

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

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. 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 deny Petitioner's Motion for Stay of Enforcement.

Respectfully submitted,

_____________________________________________
[Agency Counsel Name / Assistant Attorney General]
[State Bar of Arizona No.: ____________________]
[Arizona Attorney General's Office / Agency Legal Division]
[Address]
[Phone]
[Email]
Date: [__/__/____]

9. PROPOSED ORDER GRANTING STAY

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

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

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[____].

_____________________________________________
Superior 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 A.R.S. § 12-901 et seq. and request a stay from the superior court.

☐ Superior court denial — Seek appellate review: File a special action with the Arizona Court of Appeals under A.R.S. § 12-120.21(A)(4), as Arizona treats writs of mandamus and other extraordinary relief through the special action procedure.

☐ Request reconsideration: File a motion for reconsideration of the denial under Ariz. R. Civ. P. 59.

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

B. Special Action in Court of Appeals

Arizona does not have a traditional writ of mandamus procedure. Instead, the Court of Appeals may accept jurisdiction of a special action to review a stay denial:

☐ File a petition for special action under Rule 1 of the Arizona Rules of Procedure for Special Actions
☐ Demonstrate that there is no equally plain, speedy, and adequate remedy by appeal
☐ Show that the superior court abused its discretion in denying the stay
☐ Request an emergency stay from the Court of Appeals pending resolution of the special action

C. Arizona Supreme Court Review

In extraordinary cases, Petitioner may seek review in the Arizona Supreme Court:

☐ File a petition for review of the Court of Appeals' denial
☐ File a petition for special action directly in the Supreme Court (in rare cases)

11. DOCUMENT CHECKLIST

Documents to File with Stay Request

☐ Motion/Petition for Stay of Enforcement (this document)
☐ Cover letter
☐ Memorandum of points and authorities 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 petition for judicial review or motion for rehearing (if filed)
☐ Proposed Order granting stay
☐ Proof of service on all parties (certificate of service)
☐ Bond or security documentation (if applicable)
☐ Exhibits supporting the stay request:
☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]

Filing Requirements

☐ File petition for judicial review within 35 days of final agency action (A.R.S. § 12-904(A))
☐ File in the superior court in the county where the administrative action occurred or where the agency maintains its principal office
☐ Serve the agency and all parties of record
☐ File the stay motion promptly — filing the petition for judicial review does NOT automatically stay enforcement
☐ Pay filing fee: $[____]
☐ Retain copy for Petitioner's records
☐ Calendar response deadline and hearing date
☐ Comply with A.R.S. § 12-904 filing requirements

Rehearing Deadline

☐ Motion for rehearing under A.R.S. § 41-1092.11 must be filed within 30 days after service of the final administrative decision
☐ The filing of a rehearing motion does NOT automatically stay enforcement unless the agency orders otherwise

Service Requirements

☐ Serve copy on agency counsel (Attorney General's Office or agency legal division)
☐ Serve copy on all parties of record
☐ File proof/certificate of service with the court
☐ Method of service: ☐ Personal ☐ Mail ☐ Electronic ☐ Facsimile
☐ Comply with Arizona Rules of Civil Procedure Rule 4 or 5

12. PRACTICE TIPS

Arizona-Specific Considerations

1. No Automatic Stay: In most cases, the filing of a petition for judicial review or a motion for rehearing does NOT automatically stay enforcement. Always file a separate stay motion.

2. Office of Administrative Hearings (OAH): Most contested cases are heard by ALJs at the OAH under A.R.S. § 41-1092.03 et seq. The ALJ issues a recommended decision, but the agency head makes the final decision (A.R.S. § 41-1092.08). The stay request should be directed to the agency head or the reviewing court, not the OAH, unless the matter is still pending before the ALJ.

3. 35-Day Filing Deadline: The petition for judicial review must be filed within 35 days of the final agency action under A.R.S. § 12-904(A). This is different from many states that use a 30-day period.

4. Rehearing as Prerequisite: Check whether the specific agency's enabling statute or rules require the filing of a motion for rehearing under A.R.S. § 41-1092.11 as a prerequisite to judicial review. Some do, some do not.

5. Scope of Review: Under A.R.S. § 12-910, the court reviews the agency record. For agencies exempt from A.R.S. §§ 41-1092.03 through 41-1092.11 under § 41-1092.02, the trial may be de novo if demanded. Know which standard applies to your case when framing the likelihood-of-success argument.

6. Special Action Procedure: Arizona uses the special action procedure instead of traditional writs of mandamus. If the superior court denies your stay, a special action in the Court of Appeals may be available but is discretionary.

7. Agency-Specific Statutes: Many Arizona agencies have their own enabling statutes with specific stay provisions. Always check the specific statute governing your agency. Examples include:
   - Arizona Department of Environmental Quality (A.R.S. § 49-769)
   - Arizona Corporation Commission
   - Arizona Department of Real Estate
   - Arizona Medical Board (A.R.S. § 32-1451 et seq.)
   - Arizona Board of Dental Examiners
   - Arizona Department of Insurance and Financial Institutions

8. Governor's Regulatory Review Council (GRRC): For challenges to rules rather than adjudications, different procedures apply. GRRC (A.R.S. § 41-1051 et seq.) handles rule review.

9. Bond Practice: Arizona courts have discretion to require bond. Be prepared to address the issue proactively. Propose specific bond amounts or alternative conditions.

10. License Cases: Emphasize the constitutional property interest in continued licensure and the difficulty of restoring professional reputation after license revocation or suspension.

Timing Strategy

• File the stay motion simultaneously with the petition for judicial review or motion for rehearing
• Calendar the 35-day deadline for filing the petition for judicial review under A.R.S. § 12-904(A)
• Calendar the 30-day deadline for filing a motion for rehearing under A.R.S. § 41-1092.11
• Request an expedited hearing on the stay motion if the order takes effect soon

Common Pitfalls

• Missing the 35-day deadline for judicial review (shorter than many other states)
• Failing to exhaust administrative remedies (e.g., not filing a rehearing motion when required)
• Directing the stay request to the OAH instead of the agency head
• Not checking whether de novo review is available (which strengthens the likelihood-of-success argument)
• Making conclusory statements about harm without specific factual support
• Ignoring agency-specific enabling statutes that may have their own stay procedures

13. SOURCES AND REFERENCES

Arizona Statutes

• A.R.S. § 12-901 et seq. — Judicial Review of Administrative Decisions
• A.R.S. § 12-904 — Commencement of Action; Time Limitation
• A.R.S. § 12-910 — Scope of Review
• A.R.S. § 41-1001 et seq. — Administrative Procedures (Rulemaking)
• A.R.S. § 41-1062 — Contested Cases — Hearings
• A.R.S. § 41-1092 et seq. — Uniform Administrative Hearing Procedures
• A.R.S. § 41-1092.03 — Hearing Before Administrative Law Judge
• A.R.S. § 41-1092.08 — Final Administrative Decisions; Review
• A.R.S. § 41-1092.11 — Rehearing or Review

Arizona Court Rules

• Arizona Rules of Civil Procedure, Rule 65 (Injunctions)
• Arizona Rules of Procedure for Special Actions
• Arizona Rules of Civil Appellate Procedure

Official Resources

• Arizona Legislature: https://www.azleg.gov/
• Arizona Office of Administrative Hearings: https://www.azoah.com/
• Arizona Attorney General: https://www.azag.gov/
• Arizona Judicial Branch: https://www.azcourts.gov/
• Arizona Administrative Code: https://azsos.gov/rules/arizona-administrative-code

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