Stay of Enforcement Request - Idaho

STAY OF ENFORCEMENT REQUEST

STATE OF IDAHO — ADMINISTRATIVE PROCEEDING

TABLE OF CONTENTS

1. Stay Request Cover Letter
2. Formal Petition for Stay of Enforcement
3. Statement of Facts
4. Legal Standard for Stay Under Idaho Law
5. Potential Grounds Analysis (Adapt to Controlling Standard)
6. Bond/Security Provisions
7. Emergency Stay Procedures
8. Opposition Response Template
9. Proposed Order on 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]
[________________________________]
[City], Idaho [____]

Via: ☐ Personal Delivery ☐ Certified Mail ☐ Electronic Filing

Re: Stay of Enforcement Request
Case/Docket No.: [________________________________]
Agency Order Dated: [__/__/____]
Petitioner: [________________________________]

Dear [________________________________]:

Enclosed please find the Petition for Stay of Enforcement filed on behalf of [________________________________] ("Petitioner") pursuant to Idaho Code § 67-5274. Petitioner respectfully requests that the [Agency Name] stay the effectiveness and enforcement of its [Order/Decision/Final Order] dated [__/__/____] pending [☐ reconsideration ☐ judicial review ☐ appeal] of the agency action.

The Petition for Judicial Review was filed on [__/__/____] in the [________________________________] District Court, [____] Judicial District, State of Idaho, Case No. [________________________________].

Petitioner requests that the Agency act on this Petition for Stay promptly, as the [Order/Decision] is scheduled to take effect on [__/__/____], and enforcement prior to review will cause irreparable harm as detailed in the enclosed petition.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
Idaho State Bar No. [________________________________]
[________________________________]
[________________________________]
[City], Idaho [____]
Telephone: [________________________________]
Email: [________________________________]

2. FORMAL PETITION FOR STAY OF ENFORCEMENT

BEFORE THE [AGENCY NAME]
STATE OF IDAHO

In the Matter of:

[________________________________],

Petitioner,

v.

[AGENCY NAME],

Respondent.

Case/Docket No.: [________________________________]

PETITION FOR STAY OF ENFORCEMENT PENDING [RECONSIDERATION / JUDICIAL REVIEW]

COMES NOW Petitioner [________________________________], by and through [counsel / pro se], and hereby petitions the [Agency Name] for a stay of enforcement of its [Final Order / Decision / Order] dated [__/__/____] (the "Order"), pursuant to Idaho Code § 67-5274, and in support thereof states as follows:

I. JURISDICTION AND AUTHORITY

1. This Petition is filed pursuant to Idaho Code § 67-5274, which provides: "The filing of the petition for review does not itself stay the effectiveness or enforcement of the agency action. The agency may grant, or the reviewing court may order, a stay upon appropriate terms."

2. The [Agency Name] has authority to grant a stay of its own Order under Idaho Code § 67-5274 and under [applicable agency rules/regulations].

3. Petitioner filed a Petition for Judicial Review on [__/__/____] pursuant to Idaho Code § 67-5270 et seq. in the [________________________________] District Court, [____] Judicial District, Case No. [________________________________].

4. Alternatively, Petitioner seeks this stay from the reviewing court pursuant to Idaho Code § 67-5274 if the agency declines to act.

II. NATURE OF THE AGENCY ACTION

5. On [__/__/____], the [Agency Name] issued its [Final Order / Decision] in the above-referenced matter, which:

☐ Revoked Petitioner's [license/permit/certification] No. [________________________________]
☐ Suspended Petitioner's [license/permit/certification] for [____] days/months
☐ Imposed a civil penalty of $[________________________________]
☐ Ordered Petitioner to cease and desist [________________________________]
☐ Denied Petitioner's application for [________________________________]
☐ Other: [________________________________]

6. The Order is scheduled to become effective on [__/__/____].

7. Petitioner challenges the Order on the grounds that:

☐ The agency's findings of fact are not supported by substantial evidence (I.C. § 67-5279(3)(d))
☐ The agency action is in excess of statutory authority (I.C. § 67-5279(3)(b))
☐ The Order was made upon unlawful procedure (I.C. § 67-5279(3)(c))
☐ The Order is arbitrary, capricious, or an abuse of discretion (I.C. § 67-5279(3)(e))
☐ The Order violates constitutional or statutory provisions (I.C. § 67-5279(3)(a))
☐ Other: [________________________________]

3. STATEMENT OF FACTS

A. Background

8. [________________________________] is a [individual/business entity] located at [________________________________], [City], Idaho [____], engaged in [________________________________].

9. [Describe the nature of the regulated activity, licensing, or permit at issue.]

[________________________________]
[________________________________]
[________________________________]

B. Administrative Proceedings Below

10. On [__/__/____], the [Agency Name] initiated [enforcement action / proceeding / investigation] against Petitioner by [________________________________].

11. A hearing was conducted on [__/__/____] before [Administrative Law Judge / Hearing Officer] [________________________________].

12. On [__/__/____], the agency issued its [Preliminary Order / Recommended Order / Final Order].

13. [If applicable] Petitioner filed a petition for reconsideration on [__/__/____], which was [granted/denied] on [__/__/____].

C. Current Status

14. The Order directs that [describe specific enforcement action to be stayed]:

[________________________________]
[________________________________]
[________________________________]

15. Unless stayed, the Order will take effect on [__/__/____] and will result in [describe immediate consequences]:

[________________________________]
[________________________________]

4. LEGAL STANDARD FOR STAY UNDER IDAHO LAW

A. Statutory Framework

Idaho Code § 67-5274 governs stays of administrative agency actions pending judicial review. The statute establishes two critical principles:

No Automatic Stay: The mere filing of a petition for judicial review does not stay the effectiveness or enforcement of the agency action. This means that without an affirmative stay order, the agency action remains in full force and effect during the pendency of judicial review.

Stay Authority: Either the agency or the reviewing court may grant a stay "upon appropriate terms." The applicant should identify the precise terms requested and any additional standard supplied by controlling law.

B. Governing Standard

Idaho Code § 67-5274 does not enumerate a multi-factor test. Identify the agency-specific rule, court rule, order, or binding authority that supplies the standard. If that authority uses traditional equitable factors, address:

1. Likelihood of success on the merits of the underlying judicial review
2. Irreparable harm to the petitioner absent a stay
3. Balance of equities favoring the petitioner
4. Public interest considerations supporting the stay

C. Supporting Showing

Identify who bears the burden and the required level of proof under the controlling source. Do not assume a sliding-scale or four-factor test without citing that source.

D. Agency vs. Court Authority

Under Idaho Code § 67-5274, the petitioner may seek a stay from either:

• The agency itself, which may grant a stay of its own order; or
• The reviewing court, which may order a stay during the pendency of judicial review.

Section 67-5274 itself does not state an agency-first exhaustion requirement for a stay. Check the applicable agency rule, court rule, and case-specific order.

5. POTENTIAL GROUNDS ANALYSIS — ADAPT TO CONTROLLING STANDARD

Factor 1: Likelihood of Success on the Merits

16. Petitioner is likely to prevail on the merits of judicial review for the following reasons:

☐ Insufficient Evidence: The agency's findings of fact are not supported by substantial evidence in the record as a whole, specifically:
[________________________________]
[________________________________]

☐ Exceeds Statutory Authority: The agency acted in excess of its statutory authority because:
[________________________________]
[________________________________]

☐ Procedural Violations: The agency made its decision upon unlawful procedure, including:
[________________________________]
[________________________________]

☐ Arbitrary and Capricious: The agency action was arbitrary, capricious, or an abuse of discretion because:
[________________________________]
[________________________________]

☐ Constitutional Violations: The agency action violates Petitioner's constitutional rights under:
[________________________________]
[________________________________]

☐ Erroneous Legal Standard: The agency applied an incorrect legal standard by:
[________________________________]
[________________________________]

17. Under Idaho Code § 67-5279, the court applies the grounds in subsection (2) or (3), as applicable, and affirms unless the appellant's substantial rights were prejudiced. Petitioner's substantial rights are prejudiced because:

[________________________________]
[________________________________]

Factor 2: Irreparable Harm

18. Absent a stay, Petitioner will suffer irreparable harm that cannot be remedied by a favorable outcome on judicial review, including:

☐ Loss of Livelihood: Revocation or suspension of Petitioner's [license/permit] will prevent Petitioner from engaging in [________________________________], resulting in:

• Loss of income estimated at $[________________________________] per [month/year]
• Inability to serve existing clients/customers
• Potential loss of business relationships built over [____] years

☐ Reputational Harm: Enforcement of the Order will cause severe reputational damage because:
[________________________________]
[________________________________]

☐ Business Closure/Destruction: Without a stay, Petitioner's business will:
[________________________________]
[________________________________]

☐ Loss of Unique Property or Rights: The Order will result in the loss of:
[________________________________]

☐ Health or Safety Consequences: Enforcement will cause:
[________________________________]

☐ Other Irreparable Harm:
[________________________________]

19. These harms are irreparable because:

☐ Monetary damages cannot adequately compensate for the harm
☐ The harm is not recoverable even if Petitioner prevails on review
☐ The status quo cannot be restored after enforcement
☐ Other: [________________________________]

Factor 3: Balance of Equities

20. The balance of equities tips in Petitioner's favor because:

a. Harm to Petitioner if stay is denied:
[________________________________]
[________________________________]

b. Harm to Agency/Other Parties if stay is granted:
[________________________________]
[________________________________]

c. The harm to Petitioner substantially outweighs any harm to the Agency because:
[________________________________]
[________________________________]

21. Petitioner is willing to accept conditions on the stay to mitigate any potential harm to the Agency or third parties, including:

☐ Posting a bond or other security
☐ Complying with interim compliance measures
☐ Submitting to monitoring or oversight
☐ Other conditions: [________________________________]

Factor 4: Public Interest

22. A stay of enforcement serves the public interest because:

☐ The public benefits from preservation of the status quo pending judicial review
☐ Public safety and welfare will not be endangered by a stay because:
[________________________________]

☐ Enforcement of an invalid order would undermine public confidence in the administrative process
☐ Continued operation of Petitioner's [business/practice/activity] serves the public interest by:
[________________________________]

☐ Other public interest considerations:
[________________________________]

23. Conversely, denial of a stay would disserve the public interest because:
    [________________________________]
    [________________________________]

6. BOND/SECURITY PROVISIONS

A. Petitioner's Bond Proposal

24. Petitioner proposes the following bond/security arrangement as appropriate terms under Idaho Code § 67-5274:

☐ Surety Bond in the amount of $[________________________________]
☐ Cash Deposit in the amount of $[________________________________]
☐ Letter of Credit from [________________________________] in the amount of $[________________________________]
☐ Property Bond secured by [________________________________]
☐ No Bond Required because:
[________________________________]

B. Bond Amount Justification

25. The proposed bond amount is appropriate because:

☐ It represents the amount of the penalty or fine imposed: $[________________________________]
☐ It covers potential harm to third parties during the stay period
☐ It reflects the estimated costs and damages that could accrue during the stay
☐ Other justification: [________________________________]

C. Conditions of Stay

26. Petitioner proposes the following conditions during the stay period:

☐ Petitioner will maintain all current insurance coverage
☐ Petitioner will comply with all other regulatory requirements not at issue
☐ Petitioner will submit periodic reports to the Agency as follows: [________________________________]
☐ Petitioner will refrain from: [________________________________]
☐ Petitioner will allow inspections or monitoring by: [________________________________]
☐ Other conditions: [________________________________]

7. EMERGENCY STAY PROCEDURES

A. Emergency/Temporary Stay Request

IN THE [________________________________] DISTRICT COURT
[____] JUDICIAL DISTRICT, STATE OF IDAHO

In the Matter of:
[________________________________], Petitioner,
v.
[AGENCY NAME], Respondent.

Case No.: [________________________________]

EMERGENCY MOTION FOR TEMPORARY STAY OF ENFORCEMENT

COMES NOW Petitioner, and moves this Court on an emergency basis for a temporary stay of enforcement of the [Agency Name]'s [Order/Decision] dated [__/__/____], and states:

27. The agency action is scheduled to take effect on [__/__/____], which is [____] days from the date of this Motion.

28. Immediate and irreparable harm will occur if the agency action is not temporarily stayed because:
    [________________________________]
    [________________________________]

29. There is insufficient time to seek a stay through normal procedures because:
    [________________________________]

30. Petitioner has attempted to obtain a stay from the agency, which:
    ☐ Denied the stay request on [__/__/____]
    ☐ Failed to respond to the stay request within a reasonable time
    ☐ Was not available to consider the request due to: [________________________________]

31. A temporary stay is necessary to preserve the status quo and the court's ability to grant meaningful relief on judicial review.

B. Proposed Temporary Stay Order

The Court may enter a temporary stay pending a full hearing on the Petition for Stay, with such conditions as the Court deems appropriate.

Duration of Temporary Stay: Petitioner requests the temporary stay remain in effect until:

☐ The Court rules on the full Petition for Stay
☐ [____] days from the date of entry
☐ Other: [________________________________]

8. OPPOSITION RESPONSE TEMPLATE

BEFORE THE [AGENCY NAME / COURT]
STATE OF IDAHO

In the Matter of:
[________________________________], Petitioner,
v.
[AGENCY NAME], Respondent.

Case/Docket No.: [________________________________]

AGENCY RESPONSE IN OPPOSITION TO PETITION FOR STAY

The [Agency Name], by and through [________________________________], responds in opposition to Petitioner's Petition for Stay of Enforcement and states as follows:

I. INTRODUCTION

1. The Agency opposes the Petition for Stay because [________________________________].

II. ARGUMENT

A. Petitioner Has Not Demonstrated a Likelihood of Success on the Merits

2. The agency action is supported by substantial evidence, including:
   [________________________________]
   [________________________________]

3. The agency acted within its statutory authority under [________________________________].

B. Petitioner Has Not Demonstrated Irreparable Harm

4. The alleged harm is speculative and/or compensable by monetary damages because:
   [________________________________]
   [________________________________]

C. The Balance of Equities Favors the Agency

5. The public will be harmed if the stay is granted because:
   [________________________________]
   [________________________________]

D. The Public Interest Favors Enforcement

6. The Order serves the public interest by:
   [________________________________]
   [________________________________]

III. ALTERNATIVE CONDITIONS

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

☐ Bond in the amount of $[________________________________]
☐ [________________________________]
☐ [________________________________]

IV. CONCLUSION

WHEREFORE, Respondent respectfully requests this [Court/Agency] deny the Petition for Stay of Enforcement.

Dated: [__/__/____]

[________________________________]
Counsel for [Agency Name]

9. PROPOSED ORDER ON STAY

[BEFORE THE AGENCY NAME / IN THE DISTRICT COURT]
[____] JUDICIAL DISTRICT, STATE OF IDAHO

In the Matter of:
[________________________________], Petitioner,
v.
[AGENCY NAME], Respondent.

Case/Docket No.: [________________________________]

ORDER ON PETITION FOR STAY OF ENFORCEMENT

This matter having come before the [Court / Agency] on the Petition for Stay of Enforcement filed by [________________________________], the [Court / Agency] having considered the petition, any response, and all supporting materials, and being fully advised in the premises;

IT IS HEREBY ORDERED as follows:

☐ STAY GRANTED. The [Order/Decision] of the [Agency Name] dated [__/__/____] is STAYED in its [entirety / in part, as follows: ________________________________] pending [final disposition of judicial review / further order of this Court / Agency], subject to the following conditions:

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

Bond/Security: Petitioner shall post [a bond / cash deposit / letter of credit] in the amount of $[________________________________] within [____] days of the date of this Order.

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

☐ TEMPORARY STAY GRANTED. The [Order/Decision] is temporarily stayed for [____] days pending a full hearing on the Petition for Stay, scheduled for [__/__/____] at [____] [a.m./p.m.].

Duration: This stay shall remain in effect until:
☐ Final disposition of judicial review proceedings
☐ [__/__/____]
☐ Further order of this [Court / Agency]

DATED this [____] day of [________________________________], [____].

___________________________________
[Judge / Agency Head / Hearing Officer]

10. APPEAL OF STAY DENIAL

A. Motion for Reconsideration (Agency Level)

If an agency-specific statute or rule authorizes reconsideration of a stay ruling, Petitioner may:

1. File a Motion for Reconsideration with the agency, identifying:
   - New evidence or changed circumstances
   - Legal arguments not previously considered
   - Errors in the agency's analysis

2. Seek a Stay from the District Court pursuant to Idaho Code § 67-5274, which independently authorizes the reviewing court to order a stay.

B. Appeal to Reviewing Court

If the agency denies the stay, Petitioner may file a Motion for Stay of Enforcement with the District Court reviewing the agency action:

Filing Requirements:

• File in the District Court where the Petition for Judicial Review is pending
• Serve copies on the agency and all parties
• Include all supporting materials and documentation
• Request a hearing if desired

C. Appellate Stay Under Idaho Appellate Rule 13

After an appeal or other appellate proceeding is pending, Idaho Appellate Rule 13(g) permits an application to the Idaho Supreme Court for a stay. The applicant must first apply to the district court or agency. If that tribunal denies relief or does not act within 14 days, a party may apply to the Supreme Court.

• For a non-money judgment, the applicant must demonstrate both likelihood of success on the merits and likelihood of irreparable harm
• The Supreme Court may impose terms and security reasonably necessary to protect the non-moving party
• The Supreme Court's stay order controls over a district-court or agency stay order

11. DOCUMENT CHECKLIST

Filing the Stay Request

☐ Completed Petition for Stay of Enforcement
☐ Cover letter to agency or court
☐ Copy of the agency Order/Decision being challenged
☐ Copy of Petition for Judicial Review (if filed)
☐ Proof of filing of Petition for Judicial Review
☐ Affidavit or declaration in support of stay
☐ Supporting exhibits (identified and tabbed)
☐ Proposed Order on Stay
☐ Bond documents (if applicable)
☐ Certificate of Service

Supporting Documentation

☐ Financial records demonstrating irreparable harm
☐ Business records showing impact of enforcement
☐ Expert declarations or reports (if applicable)
☐ Relevant statutory and regulatory citations
☐ Copies of relevant case law
☐ Agency record or relevant portions thereof
☐ Prior correspondence with agency regarding stay
☐ Insurance certificates (if proposing conditions)

Service Requirements

☐ Serve the agency with all filed documents
☐ Serve all parties to the underlying administrative proceeding
☐ File proof of service with the court/agency
☐ Retain copies of all filed documents

Timeline Tracking

☐ Date agency Order issued: [__/__/____]
☐ Date Order becomes effective: [__/__/____]
☐ Date Petition for Judicial Review filed: [__/__/____]
☐ Date Stay Request filed: [__/__/____]
☐ Deadline for agency response: [__/__/____]
☐ Hearing date (if scheduled): [__/__/____]
☐ Bond posting deadline (if applicable): [__/__/____]

12. PRACTICE TIPS

Idaho-Specific Considerations

1. No Automatic Stay: Under Idaho Code § 67-5274, filing a petition for judicial review does NOT automatically stay the agency action. Practitioners must affirmatively seek a stay from the agency or the reviewing court.

2. File Early: Because there is no automatic stay, file the stay request as early as possible — ideally simultaneously with or immediately after filing the Petition for Judicial Review.

3. Agency First: Section 67-5274 does not itself require an agency-first request, but consider whether an agency-specific rule or practical timing concern favors applying there first.

4. "Appropriate Terms" Language: Idaho Code § 67-5274 authorizes stays "upon appropriate terms." Be prepared to propose specific conditions, including bond amounts, compliance measures, and reporting requirements.

5. Scope of Review: Use the applicable grounds in Idaho Code § 67-5279(2) or (3), and identify how the asserted error prejudiced a substantial right.

6. Bond Considerations: Section 67-5274 permits "appropriate terms," while Idaho Appellate Rule 13 contains specific security provisions for appellate stays. Identify which authority governs before proposing a bond.

7. Emergency Situations: If the order takes effect imminently, request expedited interim relief only under an identified statute, court rule, agency rule, or scheduling order, and follow all applicable service requirements.

8. District Court Venue: Idaho Code § 67-5272 permits venue in the county where the hearing was held, final agency action was taken, the aggrieved party resides or maintains its Idaho principal place of business, or the property at issue is located.

9. Appellate Rules: If the matter progresses to appeal, Idaho Appellate Rule 13 governs stays of proceedings upon appeal. Familiarize yourself with this rule for potential appellate stay requests.

10. Record on Review: Idaho Code § 67-5275 governs transmission of the agency record, and § 67-5277 generally confines disputed factual issues to that record subject to statutory supplementation. Ensure the administrative record includes the material supporting the stay request.

Common Mistakes to Avoid

• Assuming the filing of a petition for review automatically stays enforcement
• Failing to identify specific, concrete harm under the controlling stay standard
• Not proposing conditions or bond to mitigate harm to the agency's interests
• Missing the window to file a stay request before the Order takes effect
• Failing to serve all parties with the stay request
• Not having supporting affidavits or declarations to establish facts

13. SOURCES AND REFERENCES

Idaho Statutes

• Idaho Code § 67-5270 — Right of review
• Idaho Code § 67-5271 — Exhaustion
• Idaho Code § 67-5272 — Venue
• Idaho Code § 67-5273 — Filing time
• Idaho Code § 67-5274 — Stay
• Idaho Code § 67-5275 — Agency record for review
• Idaho Code § 67-5277 — Review of factual issues
• Idaho Code § 67-5279 — Scope of review

Court Rules

• Idaho Rule of Civil Procedure 84 — Judicial review of agency actions
• Idaho Appellate Rule 13 — Stay of proceedings upon appeal or certification

This template is intended for use by licensed attorneys in Idaho. It must be customized to the specific facts and circumstances of each case. Legal requirements may change; verify all statutory citations before use. This document does not create an attorney-client relationship.

Last Updated: March 8, 2026