Stay of Enforcement Request - Georgia

STAY OF ENFORCEMENT REQUEST — GEORGIA

TABLE OF CONTENTS

1. Stay Request Cover Letter
2. Formal Motion for Stay of Enforcement
3. Statement of Facts
4. Legal Standard for Stay
5. Grounds Analysis — Good Cause and Special Provisions
6. Bond and 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

[__/__/____]

[________________________________]
[Title / Position]
[Agency Name / Superior Court]
[________________________________]
[________________________________]
[City, State, ZIP]

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

Re: Application for Stay of Enforcement Pending Judicial Review
Docket/Case No.: [________________________________]
Agency Order/Decision Dated: [__/__/____]
Petitioner: [________________________________]

Dear [________________________________]:

Enclosed please find Petitioner's Motion for Stay of Enforcement of the above-referenced agency decision/order dated [__/__/____], filed pursuant to O.C.G.A. § 50-13-19(c).

Petitioner respectfully requests that this application be considered on an expedited basis given the effective date of the agency action and the potential for irreparable harm.

Please contact the undersigned at [________________________________] with any questions.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
Georgia Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

2. FORMAL MOTION FOR STAY OF ENFORCEMENT

IN THE SUPERIOR COURT OF [________________________________] COUNTY

STATE OF GEORGIA

MOTION FOR STAY OF ENFORCEMENT

Petitioner [________________________________] ("Petitioner"), by and through [undersigned counsel / pro se], respectfully moves this [Court / Agency] for an order staying enforcement of the [Decision / Final Order] of [Agency Name] dated [__/__/____] ("Agency Decision"), pending judicial review pursuant to O.C.G.A. § 50-13-19, and shows the Court as follows:

I. NATURE OF THE CASE

1. This is a petition for judicial review of a contested case decision under the Georgia Administrative Procedure Act ("APA"), O.C.G.A. § 50-13-19.

2. The type of agency action involved is:

☐ General contested case decision — O.C.G.A. § 50-13-19(c) standard applies (good cause)
☐ Environmental permit — granted by the Director of the Environmental Protection Division, Department of Natural Resources — special provisions under O.C.G.A. § 50-13-19(c) apply
☐ Medical license action — O.C.G.A. § 50-13-19(c) public health/safety/welfare finding required
☐ Dental license action — O.C.G.A. § 50-13-19(c) public health/safety/welfare finding required
☐ Other: [________________________________]

II. JURISDICTIONAL STATEMENT

3. This Court has jurisdiction over the petition for judicial review under O.C.G.A. § 50-13-19(b).

4. The petition for judicial review was filed on [__/__/____], within 30 days after service of the final decision as required by O.C.G.A. § 50-13-19(b).

5. Under O.C.G.A. § 50-13-19(c), the filing of the petition for judicial review does not itself stay enforcement of the agency decision.

6. The [☐ agency / ☐ reviewing court] may grant a stay upon appropriate terms for good cause shown. O.C.G.A. § 50-13-19(c).

3. STATEMENT OF FACTS

A. Background

7. Petitioner is [________________________________] [describe party — individual, business entity, licensee, permit holder, professional].

8. Petitioner [holds / held] [license / permit / certification] No. [________________________________] issued by [________________________________].

9. [________________________________]
   [Describe the history of the matter, including the nature of Petitioner's regulated activity and relationship with the agency.]

B. The Administrative Proceeding

10. On [__/__/____], the [Agency Name] initiated [________________________________] [describe the enforcement action, investigation, charges, or proceeding].

11. A contested case hearing was [☐ held before the Office of State Administrative Hearings (OSAH) / ☐ held before the agency / ☐ held before an administrative law judge] on [__/__/____].

12. [________________________________]
    [Describe key hearing dates, evidence presented, and procedural steps.]

C. The Agency Decision

13. On [__/__/____], the [Agency Name] issued its [Initial Decision / Final Decision / Final Order] which:

☐ Revoked Petitioner's [license / permit / certification]
☐ Suspended Petitioner's [license / permit / certification] for [________________________________]
☐ Imposed a fine or penalty of $[________________________________]
☐ Issued a cease-and-desist order requiring [________________________________]
☐ Denied Petitioner's application for [________________________________]
☐ Granted a permit, amendment, or variance to [________________________________] (challenged by third party)
☐ Other: [________________________________]

14. The Agency Decision is effective on [__/__/____].

D. Current Status and Urgency

15. Without a stay, the Agency Decision will [________________________________] on [__/__/____].

16. [________________________________]
    [Describe any immediate harm or urgency.]

4. LEGAL STANDARD FOR STAY

A. General Stay Standard — O.C.G.A. § 50-13-19(c)

Georgia's APA provides:

"The filing of the petition [for judicial review] does not itself stay enforcement of the agency decision. Except as otherwise provided in this subsection, the agency may grant, or the reviewing court may order, a stay upon appropriate terms for good cause shown."

B. Dual Forum for Stay Applications

Under Georgia law, a stay may be sought from:

☐ The Agency — The agency may grant a stay upon appropriate terms for good cause shown
☐ The Superior Court — The reviewing court may order a stay upon appropriate terms for good cause shown

C. "Good Cause" Standard

Georgia courts interpret "good cause" by examining factors consistent with the traditional equitable analysis:

1. Likelihood of success on the merits of the judicial review petition
2. Irreparable harm to the petitioner absent a stay
3. Balance of harms between the parties
4. Public interest considerations

D. Special Provisions — Environmental Permits

O.C.G.A. § 50-13-19(c) contains a special provision for environmental permit cases:

In cases involving the grant of a permit, permit amendment, or variance by the Director of the Environmental Protection Division of the Department of Natural Resources, where the petition for judicial review was filed by a person to whom the contested order or action is not directed, a stay shall not be granted unless by order of the superior court upon a motion for a temporary restraining order or interlocutory injunction in accordance with O.C.G.A. § 9-11-65.

This means third-party challengers of environmental permits must meet the higher TRO/injunction standard.

E. Special Provisions — Medical and Dental Licenses

O.C.G.A. § 50-13-19(c) also provides:

In contested cases involving a license to practice medicine or a license to practice dentistry in this state, a reviewing court may order a stay or an agency may grant a stay only if the court or agency makes a finding that the public health, safety, and welfare will not be harmed by the issuance of the stay.

This imposes an affirmative finding requirement for medical and dental license cases.

F. Burden of Proof

The petitioner bears the burden of demonstrating "good cause" for the stay. In medical/dental license cases, the petitioner must also demonstrate that public health, safety, and welfare will not be harmed.

5. GROUNDS ANALYSIS — GOOD CAUSE AND SPECIAL PROVISIONS

A. General Good Cause Analysis

Factor 1: Likelihood of Success on the Merits

17. Petitioner is likely to succeed on judicial review because:

☐ The agency decision was not supported by substantial evidence — O.C.G.A. § 50-13-19(h)(5)
☐ The decision was made upon unlawful procedure — O.C.G.A. § 50-13-19(h)(2)
☐ The agency exceeded its jurisdiction or authority — O.C.G.A. § 50-13-19(h)(1)
☐ The decision was affected by error of law — O.C.G.A. § 50-13-19(h)(3)
☐ The decision was clearly erroneous — O.C.G.A. § 50-13-19(h)(6)
☐ The decision was arbitrary or capricious — O.C.G.A. § 50-13-19(h)(7)
☐ The decision violated constitutional or statutory provisions — O.C.G.A. § 50-13-19(h)(4)

18. Specifically, Petitioner will demonstrate that:

[________________________________]
[________________________________]
[________________________________]

19. The legal errors include:

a. [________________________________]
b. [________________________________]
c. [________________________________]

Factor 2: Irreparable Harm

20. Absent a stay, Petitioner will suffer irreparable harm because:

☐ Loss of [license / permit / certification] will result in immediate cessation of [business / practice / operations]
☐ Financial losses estimated at $[________________________________] that cannot be recovered from the State under sovereign immunity
☐ Reputational damage that is permanent and not compensable
☐ Loss of established client/patient/customer relationships and goodwill
☐ Loss of employment or livelihood for Petitioner and [____] employees
☐ Constitutional rights will be violated during pendency of review
☐ Other: [________________________________]

21. The harm is irreparable because:

[________________________________]
[________________________________]
[________________________________]

22. Supporting evidence of irreparable harm:

☐ Declaration of [________________________________] (Exhibit [____])
☐ Financial records showing [________________________________] (Exhibit [____])
☐ Letters from [clients / patients / business partners] (Exhibit [____])
☐ Other documentation: [________________________________] (Exhibit [____])

Factor 3: Balance of Harms

23. The harm to Petitioner absent a stay substantially outweighs harm to the agency or public:

a. Harm to Petitioner without stay: [________________________________]
b. Harm to Agency/public with stay: [________________________________]
c. Balance: [________________________________]

24. Conditions can protect the agency's interests during the stay (see Section 6).

Factor 4: Public Interest

25. The public interest favors granting the stay because:

☐ Petitioner's continued operation serves the community
☐ No immediate public safety concerns exist
☐ The public interest in orderly adjudication supports a stay
☐ Premature enforcement harms [________________________________]
☐ Other: [________________________________]

B. Additional Showing — Medical / Dental License Cases

Required only if this case involves a license to practice medicine or dentistry:

26. Public health, safety, and welfare will not be harmed by the issuance of the stay because:

☐ The underlying violations do not involve patient harm
☐ Petitioner's disciplinary history shows [________________________________]
☐ Petitioner has practiced without incident for [____] years
☐ Proposed conditions (supervision, practice limitations) adequately protect the public
☐ The agency's charges relate to [administrative / technical] violations, not patient safety
☐ [________________________________]

27. Supporting evidence:

☐ Patient outcome data (Exhibit [____])
☐ Peer review documentation (Exhibit [____])
☐ Character references from medical colleagues (Exhibit [____])
☐ Proposed supervision plan (Exhibit [____])

C. Environmental Permit Cases — TRO/Injunction Standard

Required only if Petitioner is a third party challenging an environmental permit:

28. Under O.C.G.A. § 9-11-65, Petitioner must demonstrate:

☐ Substantial likelihood of success on the merits
☐ Substantial threat of irreparable harm if the injunction is not granted
☐ The threatened harm to Petitioner outweighs any harm to Respondent
☐ The injunction would not disserve the public interest

29. Compliance with O.C.G.A. § 9-11-65 requirements:

☐ Security / bond posted or proposed under O.C.G.A. § 9-11-65(c)
☐ Verified complaint or affidavit submitted
☐ Notice to adverse party provided (or grounds for ex parte relief stated)

6. BOND AND SECURITY PROVISIONS

A. Court's Discretion

Under O.C.G.A. § 50-13-19(c), the stay shall be "upon appropriate terms," which may include the posting of a bond or other security.

B. Environmental Permit Cases — Mandatory Security

For stays granted under O.C.G.A. § 9-11-65 (environmental permits challenged by third parties), security is required under O.C.G.A. § 9-11-65(c).

C. Petitioner's Position on Bond

☐ Petitioner is willing to post a bond in the amount of $[________________________________]
☐ Petitioner proposes alternative security: [________________________________]
☐ Petitioner requests that no bond be required because: [________________________________]
☐ Petitioner requests a reduced bond amount because: [________________________________]

D. Proposed Bond Terms

E. Proposed Conditions of Stay

☐ Petitioner will maintain current [insurance / licensure / certification] requirements
☐ Petitioner will comply with all applicable statutes and regulations except the specific terms stayed
☐ Petitioner will submit periodic reports to the agency every [____] days
☐ Petitioner will refrain from [________________________________]
☐ Petitioner will permit agency monitoring or inspection
☐ Petitioner will practice under supervision of [________________________________]
☐ Other: [________________________________]

7. EMERGENCY STAY PROCEDURES

A. Application for Emergency Stay

☐ Petitioner seeks an emergency stay pending resolution of the full motion
☐ The Agency Decision takes effect on [__/__/____]
☐ Without emergency relief, Petitioner will suffer: [________________________________]

B. Grounds for Emergency Relief

30. Emergency relief is warranted because:

☐ The enforcement date is imminent: [__/__/____]
☐ The harm from enforcement is immediate and cannot be undone
☐ Normal briefing and hearing schedules would render the stay request moot
☐ Petitioner had insufficient time to seek relief through ordinary channels because: [________________________________]

C. Emergency Motion Practice

Under Georgia practice, emergency motions may be presented:

☐ By emergency motion filed with the Superior Court
☐ With a request for expedited hearing
☐ Through the Superior Court's emergency/duty judge procedures
☐ Via a temporary restraining order under O.C.G.A. § 9-11-65(b) (if applicable)

D. Proposed Emergency Procedure

Petitioner requests:

☐ An immediate temporary stay pending hearing on the full motion
☐ Expedited briefing: Response due within [____] days
☐ Telephonic or emergency hearing on [__/__/____]
☐ Consideration on the papers

E. Notice to Opposing Party

☐ The agency has been notified on [__/__/____] at [____] [a.m./p.m.]
☐ Contact person: [________________________________]
☐ Method: ☐ Telephone ☐ Email ☐ Fax ☐ Hand Delivery

8. OPPOSITION RESPONSE TEMPLATE

AGENCY'S OPPOSITION TO MOTION FOR STAY

The [Agency Name] respectfully opposes Petitioner's Motion for Stay and states:

I. Petitioner Has Not Shown Good Cause

31. The Agency Decision was:
    ☐ Supported by substantial evidence in the record
    ☐ Within the agency's statutory authority
    ☐ Made in accordance with lawful procedure
    ☐ Consistent with established agency precedent
    ☐ [________________________________]

32. Petitioner's arguments are insufficient because:
    ☐ The claimed legal errors are without merit
    ☐ The factual contentions are contradicted by the record
    ☐ [________________________________]

II. No Irreparable Harm

33. The alleged harm is not irreparable because:
    ☐ Financial losses are compensable
    ☐ The harm is speculative
    ☐ Petitioner caused the circumstances requiring enforcement
    ☐ [________________________________]

III. Balance of Harms / Public Interest Favors Agency

34. The public interest requires immediate enforcement because:
    ☐ Public health and safety: [________________________________]
    ☐ Regulatory compliance: [________________________________]
    ☐ Protection of third parties: [________________________________]
    ☐ Deterrence: [________________________________]

IV. Medical/Dental License — Public Health Finding (If Applicable)

35. Public health, safety, and welfare would be harmed by a stay because:
    ☐ [________________________________]
    ☐ [________________________________]

V. Conditions if Stay Granted

36. If the Court grants the stay, the Agency requests:
    ☐ Bond: $[________________________________]
    ☐ Conditions: [________________________________]
    ☐ Time limitation: [________________________________]

9. PROPOSED ORDER GRANTING STAY

IN THE SUPERIOR COURT OF [________________________________] COUNTY

STATE OF GEORGIA

ORDER ON MOTION FOR STAY OF ENFORCEMENT

This matter having come before the Court on Petitioner's Motion for Stay of Enforcement Pending Judicial Review under O.C.G.A. § 50-13-19(c), the Court having considered the motion, opposition, evidence, and applicable law:

THE COURT FINDS that:

☐ Petitioner has demonstrated good cause for a stay.
☐ [For medical/dental cases:] Public health, safety, and welfare will not be harmed by the issuance of the stay.

IT IS HEREBY ORDERED that:

☐ Petitioner's Motion for Stay is GRANTED upon the following terms:

1. Enforcement of the [Decision / Order] dated [__/__/____] is stayed pending [final disposition of the judicial review petition / further order of this Court / the following date: __/__/____].

2. ☐ Petitioner shall post a bond or security in the amount of $[________________________________] within [____] days.
   ☐ No bond is required.

3. The following conditions apply during the stay:
   a. [________________________________]
   b. [________________________________]
   c. [________________________________]

4. ☐ The Agency may move to dissolve the stay upon a showing of changed circumstances.

☐ Petitioner's Motion for Stay is DENIED because:
☐ Petitioner has not demonstrated good cause
☐ [For medical/dental:] Public health, safety, and welfare would be harmed
☐ [For environmental permit:] TRO/injunction standard not met
☐ Other: [________________________________]

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

_________________________________
Judge, Superior Court
[________________________________] County

10. APPEAL OF STAY DENIAL

A. Agency Denial of Stay

If the agency denies the stay:

☐ File a motion for stay with the Superior Court under O.C.G.A. § 50-13-19(c)
☐ Include a copy of the agency's denial
☐ Argue that the court should independently assess good cause

B. Superior Court Denial of Stay

If the Superior Court denies the stay:

☐ File an application for interlocutory appeal to the Court of Appeals under O.C.G.A. § 5-6-34(b)
☐ File a motion for reconsideration with the Superior Court
☐ Consider whether changed circumstances warrant a renewed motion
☐ Explore alternative remedies (negotiated compliance schedule, consent order)

C. Court of Appeals Review

Under O.C.G.A. § 5-6-34(b), interlocutory appeals require:

☐ Application within 30 days of the order
☐ The trial court must certify that the order is of such importance to the case that immediate review should be had
☐ The Court of Appeals must grant the application

D. Timeline for Stay Proceedings

11. DOCUMENT CHECKLIST

Filing Preparation

☐ Stay request cover letter completed and signed
☐ Formal motion for stay completed with O.C.G.A. § 50-13-19(c) citation
☐ Statement of facts verified for accuracy
☐ Legal standard identifies correct category (general, medical/dental, environmental)
☐ Good cause analysis fully addresses all relevant factors
☐ Special showings addressed (medical/dental public health finding, or TRO standard)
☐ Supporting declarations or affidavits prepared and notarized
☐ Exhibits compiled, indexed, and tabbed
☐ Proposed order prepared

Required Attachments

☐ Copy of the agency Final Decision/Order
☐ Copy of the petition for judicial review (filed)
☐ Affidavit of Petitioner detailing irreparable harm
☐ Supporting documentation for good cause
☐ Financial documentation (if bond waiver requested)
☐ Proposed bond or security documentation
☐ Proposed order granting stay
☐ Certificate of service

Special Attachments — Medical/Dental Cases

☐ Evidence that public health, safety, and welfare will not be harmed
☐ Proposed supervision or practice limitation plan
☐ Patient outcome data or peer review materials
☐ Character references from medical/dental colleagues

Special Attachments — Environmental Permit Cases (Third-Party Challenge)

☐ Verified complaint or affidavit under O.C.G.A. § 9-11-65
☐ Proposed security under O.C.G.A. § 9-11-65(c)
☐ Evidence meeting TRO/injunction standard

Court Filing Requirements

☐ Petition for judicial review filed within 30 days of service — O.C.G.A. § 50-13-19(b)
☐ Filed in the correct Superior Court (county where petitioner resides, or Fulton County)
☐ Service on agency and all parties
☐ Filing fee paid or pauper's affidavit filed
☐ Motion for stay filed and served
☐ Hearing requested

12. PRACTICE TIPS

Georgia-Specific Considerations

1. Good Cause Standard: Georgia's APA uses the "good cause" standard rather than explicitly codifying the four-factor test. However, practitioners should address all four traditional factors (likelihood of success, irreparable harm, balance of harms, public interest) as Georgia courts generally interpret good cause through this lens.

2. Three Distinct Categories: Georgia's stay provisions create three distinct regimes: (a) the general "good cause" standard, (b) the heightened standard for medical and dental license cases requiring a public health/safety/welfare finding, and (c) the TRO/injunction standard for third-party challenges to environmental permits. Identify the correct category early.

3. OSAH Proceedings: Many contested cases are initially heard by the Office of State Administrative Hearings (OSAH). If the agency rejected or modified OSAH findings, this may strengthen the likelihood-of-success argument.

4. 30-Day Filing Deadline: Under O.C.G.A. § 50-13-19(b), the petition for judicial review must be filed within 30 days after service of the final agency decision. File the stay motion promptly.

5. No Automatic Stay: Filing the petition does not stay enforcement. Immediate action is required to preserve the status quo.

6. Medical/Dental License Cases: The additional requirement that public health, safety, and welfare "will not be harmed" places a significant burden on licensee petitioners. Prepare detailed evidence demonstrating the absence of patient risk, including proposed practice limitations or supervision arrangements.

7. Environmental Permit Challenges: Third-party challengers face the most difficult standard — they must satisfy the full TRO/interlocutory injunction requirements of O.C.G.A. § 9-11-65, including posting security. This reflects a legislative policy favoring permit finality.

8. Venue: The petition for judicial review is generally filed in the Superior Court of the county of the petitioner's residence, or Fulton County. Confirm the correct venue under the specific statute.

9. Bond Preparation: While the statute does not mandate a bond in all cases, courts may require security as part of "appropriate terms." Be prepared with a bonding arrangement.

10. Sovereign Immunity: Emphasize that Georgia's sovereign immunity doctrine may prevent Petitioner from recovering damages if the agency action is later reversed, making the stay essential to prevent unrecoverable harm.

13. SOURCES AND REFERENCES

Georgia Statutes

• O.C.G.A. § 50-13-1 et seq. — Georgia Administrative Procedure Act
• O.C.G.A. § 50-13-13 — Contested Case Hearing Procedures
• O.C.G.A. § 50-13-17 — Initial Decisions; Final Decisions and Orders
• O.C.G.A. § 50-13-19 — Judicial Review of Contested Cases
• O.C.G.A. § 50-13-19(c) — Stay of Enforcement
• O.C.G.A. § 9-11-65 — Temporary Restraining Orders and Interlocutory Injunctions

Court Rules

• Georgia Uniform Superior Court Rules
• O.C.G.A. § 5-6-34(b) — Interlocutory Appeals

Research Sources

• Justia — O.C.G.A. § 50-13-19
• Ballotpedia — Georgia Administrative Procedure Act
• Georgia Code — Chapter 13

This template is provided for informational purposes only and does not constitute legal advice. Laws and procedures change frequently. Consult a qualified Georgia attorney before filing any administrative stay application. Last updated: 2026-03-08.