REQUEST FOR STAY OF ENFORCEMENT PENDING REVIEW

TABLE OF CONTENTS

1. Preliminary Statement
2. Procedural Posture
3. Standard for Stay
4. Argument (Stay Factors)
5. Bond/Conditions (if applicable)
6. Relief Requested
7. Signature

1. PRELIMINARY STATEMENT

• Petitioner requests a stay of the Agency's [Decision/Order] dated [DATE] pending [reconsideration/appeal/judicial review] to prevent irreparable harm.

2. PROCEDURAL POSTURE

• Petition filed on [DATE] under 29 Del. C. Section 10142; court has jurisdiction to stay enforcement under 29 Del. C. Section 10144 or [agency rule/statute].
• For Delaware matters, cite the specific statutory provision or agency regulation authorizing a stay.

3. STANDARD FOR STAY

• Applicable standard under Delaware law: (1) likelihood of success on the merits; (2) irreparable harm absent a stay; (3) balance of harms; (4) public interest.
• Cite [agency rule/case law] for specific agency standards if applicable.

4. ARGUMENT (STAY FACTORS)

• Likelihood of success: [Summarize key merits points].
• Irreparable harm: [Describe imminent harms not compensable by money - license suspension, business shutdown, reputational harm].
• Balance of harms: [Explain harms to Petitioner outweigh any harm to agency/others].
• Public interest: [Explain alignment with public interest/safety/fairness].

5. BOND/CONDITIONS (IF APPLICABLE)

• Petitioner is [willing/unwilling] to post bond or comply with conditions: [Describe proposed conditions].

6. RELIEF REQUESTED

• Enter an order staying enforcement of the [Decision/Order] pending final disposition of the [reconsideration/appeal/judicial review].

7. SIGNATURE

• Signature block for Petitioner or counsel.

DELAWARE-SPECIFIC PROCEDURAL NOTES

• Under 29 Del. C. Section 10144, the reviewing court may grant a stay upon appropriate terms.
• When seeking a stay from the agency, check agency-specific rules for stay procedures and standards.
• The filing of a petition for judicial review does not automatically stay enforcement.
• Bond or other security may be required as a condition of the stay.
• Consider filing a motion for stay simultaneously with the petition for judicial review.

[// GUIDANCE: For Delaware matters, cite 29 Del. C. Section 10144 for court stays. Agency-level stays depend on specific agency regulations.]