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. Grounds Analysis (Four-Factor Test)
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.

Discretionary Stay Authority: Either the agency or the reviewing court may grant a stay "upon appropriate terms." This language vests broad discretion in the decision-maker to impose conditions on any stay granted.

B. Four-Factor Test

Idaho courts apply the traditional four-factor test for stay requests, consistent with the standard applied in analogous federal proceedings. The petitioner must demonstrate:

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. Burden of Proof

The burden of demonstrating entitlement to a stay rests with the petitioner. The petitioner must make an affirmative showing on each factor, though the factors are evaluated on a sliding scale — a stronger showing on one factor may offset a weaker showing on another.

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.

The petitioner is not required to exhaust agency stay remedies before seeking a stay from the reviewing court, though doing so is advisable as a matter of practice.

5. GROUNDS ANALYSIS (FOUR-FACTOR TEST)

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. The scope of judicial review under Idaho Code § 67-5279 requires the court to set aside agency action that prejudices the substantial rights of the petitioner. 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 the agency denies the stay request, 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

If the District Court denies a stay on judicial review, Petitioner may seek a stay from the Idaho Supreme Court under Idaho Appellate Rule 13:

• A stay may be obtained from the Supreme Court if the District Court has denied a stay or has failed to provide adequate relief
• The motion must show that relief was first sought from the lower court
• The Supreme Court has discretion to grant stays pending appeal

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: As a practical matter, consider seeking the stay from the agency first. If the agency denies the stay, the denial itself may support the argument to the court that the agency is being unreasonable.

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: Under Idaho Code § 67-5279, the court reviews whether the agency action is supported by substantial evidence and whether the agency exceeded its authority. Frame your likelihood of success argument with specific reference to the statutory grounds for reversal.

6. Bond Considerations: Idaho courts have discretion to set bond amounts. Propose a reasonable bond that reflects potential harm from the stay, and be prepared to explain why a lower bond is appropriate if financial hardship is at issue.

7. Emergency Situations: If the Order takes effect imminently, use the Emergency Motion format and seek an ex parte temporary stay to preserve the status quo until a full hearing can be held.

8. District Court Jurisdiction: Idaho has seven judicial districts. Ensure the Petition for Judicial Review and any stay request are filed in the correct district court. Under Idaho Code § 67-5272, venue is generally in Ada County or the county where the action occurred.

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: The court reviews the agency record under Idaho Code § 67-5276. Ensure the administrative record is complete and includes all evidence supporting the stay request.

Common Mistakes to Avoid

• Assuming the filing of a petition for review automatically stays enforcement
• Failing to identify specific, concrete irreparable harm (generalized assertions are insufficient)
• 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 § 67-5274 — Stay (Idaho Administrative Procedure Act)
• Idaho Code § 67-5270 — Judicial Review of Agency Actions
• Idaho Code § 67-5271 — Petition for Judicial Review
• Idaho Code § 67-5272 — Filing and Service of Petition; Venue
• Idaho Code § 67-5273 — Status of Agency Action Pending Review
• Idaho Code § 67-5276 — Record on Review
• Idaho Code § 67-5279 — Scope of Review; Type of Relief

Court Rules

• Idaho Appellate Rule 13 — Stay of Proceedings Upon Appeal or Certification
• Idaho Rules of Civil Procedure — Applicable rules for district court proceedings

Online Resources

• Idaho State Legislature: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/
• Idaho Supreme Court: https://isc.idaho.gov/
• Idaho Office of Administrative Rules Coordinator: https://adminrules.idaho.gov/

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