Stay of Enforcement Request - Illinois

STAY OF ENFORCEMENT REQUEST

STATE OF ILLINOIS — ADMINISTRATIVE PROCEEDING

TABLE OF CONTENTS

1. Stay Request Cover Letter
2. Motion for Stay of Administrative Decision
3. Statement of Facts
4. Legal Standard for Stay Under Illinois Law
5. Grounds Analysis (Three-Part "Good Cause" 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

[__/__/____]

Clerk of the Circuit Court
[________________________________]
[________________________________]
[City], Illinois [____]

Via: ☐ Personal Delivery ☐ Certified Mail ☐ Electronic Filing (e-filing)

Re: Motion for Stay of Administrative Decision
Circuit Court Case No.: [________________________________]
Administrative Case/Docket No.: [________________________________]
Agency: [________________________________]
Petitioner: [________________________________]

Dear Clerk:

Enclosed for filing please find the Motion for Stay of Administrative Decision filed on behalf of [________________________________] ("Petitioner") pursuant to 735 ILCS 5/3-111. Petitioner respectfully requests that the Circuit Court stay the [Agency Name]'s [Order/Decision/Final Administrative Decision] dated [__/__/____] pending final disposition of this administrative review action.

A copy of the Notice of Motion has been served on the [Agency Name] as required by statute. Petitioner respectfully requests a hearing on this Motion at the Court's earliest convenience.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
ARDC No. [________________________________]
[________________________________]
[________________________________]
[City], Illinois [____]
Telephone: [________________________________]
Email: [________________________________]

2. MOTION FOR STAY OF ADMINISTRATIVE DECISION

IN THE CIRCUIT COURT OF [________________________________] COUNTY
STATE OF ILLINOIS

[________________________________],

Petitioner,

v.

[AGENCY NAME],

Respondent.

Case No.: [________________________________]

MOTION FOR STAY OF ADMINISTRATIVE DECISION PENDING FINAL DISPOSITION

NOW COMES Petitioner [________________________________], by and through [undersigned counsel / pro se], and pursuant to 735 ILCS 5/3-111, respectfully moves this Court for an Order staying the administrative decision of [Agency Name] dated [__/__/____] pending final disposition of this administrative review action, and in support thereof states as follows:

I. JURISDICTION AND AUTHORITY

1. This Court has jurisdiction over this administrative review proceeding pursuant to 735 ILCS 5/3-101 et seq. (the "Administrative Review Law").

2. Pursuant to 735 ILCS 5/3-111, the Circuit Court has the power "to stay the decision of the administrative agency in whole or in part pending the final disposition of the case" with or without bond, upon notice to the agency and good cause shown.

3. A Complaint for Administrative Review was filed in this Court on [__/__/____], seeking judicial review of the [Agency Name]'s [Final Decision / Order] dated [__/__/____].

4. The [Agency Name] has been served with notice of this Motion pursuant to [applicable service rules].

II. NATURE OF THE ADMINISTRATIVE DECISION

5. On [__/__/____], the [Agency Name] issued its [Final Administrative Decision / Order] in [Agency Case/Docket No. ________________________________], which:

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

6. The Decision is [currently in effect / scheduled to take effect on [__/__/____]].

7. Petitioner timely filed the Complaint for Administrative Review within 35 days of service of the agency decision, as required by 735 ILCS 5/3-103.

III. STATUTORY STANDARD — "GOOD CAUSE"

8. Under 735 ILCS 5/3-111, the Circuit Court may stay an administrative decision upon a showing of "good cause." Illinois law defines "good cause" as requiring the applicant to demonstrate all three of the following:

(i) That an immediate stay is required in order to preserve the status quo without endangering the public;

(ii) That it is not contrary to public policy; and

(iii) That there exists a reasonable likelihood of success on the merits.

3. STATEMENT OF FACTS

A. Background

9. [________________________________] is a [individual/business entity/licensee] located at [________________________________], [City], Illinois [____], engaged in [________________________________].

10. Petitioner has held [license/permit/certification] No. [________________________________] issued by the [Agency Name] since [__/__/____].

11. [Describe the nature of the regulated activity or licensing at issue:]

[________________________________]
[________________________________]
[________________________________]

B. Administrative Proceedings Below

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

13. [If applicable] An Administrative Law Judge conducted a hearing on [__/__/____] pursuant to 5 ILCS 100/10-25 et seq.

14. The ALJ issued a [Recommended Decision / Findings of Fact and Conclusions of Law] on [__/__/____], recommending [________________________________].

15. On [__/__/____], the [Agency Head / Board / Director] adopted [in whole / in part / rejected] the ALJ's recommendation and entered the Final Administrative Decision.

16. [If applicable] Petitioner filed a Motion for Rehearing pursuant to applicable agency rules on [__/__/____], which was [granted/denied/deemed denied] on [__/__/____].

C. Current Status and Threatened Harm

17. The Administrative Decision directs the following enforcement action:

[________________________________]
[________________________________]
[________________________________]

18. Unless stayed, the Decision will [take effect / remain in effect] and will result in:

[________________________________]
[________________________________]
[________________________________]

4. LEGAL STANDARD FOR STAY UNDER ILLINOIS LAW

A. Statutory Framework — 735 ILCS 5/3-111

Section 3-111 of the Illinois Code of Civil Procedure (Administrative Review Law) provides the Circuit Court with broad powers in administrative review proceedings, including the power to stay agency decisions:

"The Circuit Court shall have power: to stay the decision of the administrative agency in whole or in part pending the final disposition of the case, with or without requiring bond (except if otherwise provided in the particular statute under authority of which the administrative decision was entered), and before or after answer filed, upon notice to the agency and good cause shown."

B. The Three-Part "Good Cause" Standard

Illinois courts have defined "good cause" for purposes of a stay under Section 3-111 as requiring the movant to show:

1. Immediate Stay Required to Preserve the Status Quo: The stay must be needed to maintain the current state of affairs without endangering the public welfare, health, or safety.

2. Not Contrary to Public Policy: The requested stay must not conflict with established public policy. If the legislature has specifically addressed the issue (e.g., specific provisions in the agency's enabling act), those policies must be considered.

3. Reasonable Likelihood of Success on the Merits: The petitioner must demonstrate that there is a reasonable probability that the administrative decision will be reversed, modified, or remanded on judicial review.

C. Distinction from Injunctive Relief Standards

The "good cause" standard under Section 3-111 is distinct from the traditional four-factor test for preliminary injunctions. However, Illinois courts may consider equitable factors as part of the "good cause" analysis, including:

• The nature and severity of the harm to the petitioner
• The potential harm to the public or third parties if a stay is granted
• The balance of hardships between the parties

D. Bond Discretion

The Court has discretion to require bond as a condition of the stay, except where the particular statute governing the agency's authority specifies otherwise. The bond requirement is flexible and may be adjusted based on the circumstances.

E. Timing

A stay may be sought "before or after answer filed," giving the court flexibility to act promptly when circumstances require.

5. GROUNDS ANALYSIS (THREE-PART "GOOD CAUSE" TEST)

Element 1: Immediate Stay Required to Preserve the Status Quo Without Endangering the Public

19. An immediate stay is necessary to preserve the status quo because:

☐ The administrative decision will cause an immediate and irreversible change in Petitioner's circumstances:
[________________________________]
[________________________________]

☐ Once the decision is implemented, the harm cannot be undone even if Petitioner prevails on review:
[________________________________]
[________________________________]

☐ Without a stay, the judicial review proceeding will become moot because:
[________________________________]

20. The stay will not endanger the public because:

☐ Petitioner's continued operations pose no risk to public health, safety, or welfare:
[________________________________]

☐ The alleged violations are technical or procedural in nature and do not involve immediate public safety concerns:
[________________________________]

☐ Adequate safeguards can be implemented during the stay period, including:
[________________________________]

☐ The agency did not seek emergency or summary suspension under 5 ILCS 100/10-65, indicating the agency itself did not consider the matter an immediate public danger:
[________________________________]

Element 2: Stay Is Not Contrary to Public Policy

21. The requested stay is consistent with public policy because:

☐ The enabling statute does not prohibit stays of the type of decision at issue:
[________________________________]

☐ The General Assembly has not expressed a policy requiring immediate enforcement of this type of agency action:
[________________________________]

☐ Public policy favors the right to meaningful judicial review before irrevocable enforcement:
[________________________________]

☐ The stay is consistent with the purposes and policies underlying the agency's enabling legislation because:
[________________________________]

22. The specific public policies implicated include:

a. [________________________________]
b. [________________________________]

Element 3: Reasonable Likelihood of Success on the Merits

23. Petitioner has a reasonable likelihood of success on the merits under the standards of 735 ILCS 5/3-110 because:

☐ The decision is against the manifest weight of the evidence:
[________________________________]
[________________________________]

☐ The decision is clearly erroneous:
[________________________________]
[________________________________]

☐ The agency exceeded its authority or jurisdiction:
[________________________________]

☐ The agency violated Petitioner's due process rights:
[________________________________]

☐ The agency applied an incorrect legal standard:
[________________________________]

☐ The agency's findings are not supported by substantial evidence:
[________________________________]

☐ The agency acted arbitrarily, capriciously, or unreasonably:
[________________________________]

24. The specific errors in the administrative decision include:

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

Additional Equitable Considerations

25. The balance of hardships favors Petitioner because:

a. Harm to Petitioner absent a stay:

• Financial harm: $[________________________________] per [month/year]
• Loss of [________________________________]
• [________________________________]

b. Harm to Agency/Public if stay is granted:

• [________________________________]
• [________________________________]

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

6. BOND/SECURITY PROVISIONS

A. Court Discretion on Bond

26. Under 735 ILCS 5/3-111, the Circuit Court may stay the administrative decision "with or without requiring bond" except where otherwise provided by the particular statute governing the agency.

27. Petitioner requests the Court:

☐ Grant the stay without bond because:
[________________________________]

☐ Set bond in the amount of $[________________________________] because:
[________________________________]

B. Proposed Bond

28. If the Court requires a bond, Petitioner proposes:

☐ Surety Bond in the amount of $[________________________________]
☐ Cash Bond in the amount of $[________________________________]
☐ Personal Recognizance Bond because:
[________________________________]
☐ Reduced Bond due to financial hardship — supporting affidavit attached
☐ Other Security: [________________________________]

C. Statutory Exceptions

29. [If applicable] The enabling statute governing the [Agency Name] [does/does not] contain specific provisions regarding bond requirements for stays:

Statutory Reference: [________________________________]
Provision: [________________________________]

D. Proposed Conditions

30. Petitioner proposes the following conditions during the pendency of the stay:

☐ Petitioner will maintain all current insurance and bonding requirements
☐ Petitioner will comply with all other regulatory requirements not at issue in this review
☐ Petitioner will submit to periodic monitoring by the Agency
☐ Petitioner will refrain from [________________________________]
☐ Petitioner will file periodic status reports with the Court
☐ Other conditions: [________________________________]

7. EMERGENCY STAY PROCEDURES

A. Emergency Motion for Temporary Stay

IN THE CIRCUIT COURT OF [________________________________] COUNTY
STATE OF ILLINOIS

[________________________________], Petitioner,
v.
[AGENCY NAME], Respondent.

Case No.: [________________________________]

EMERGENCY MOTION FOR TEMPORARY STAY OF ADMINISTRATIVE DECISION

NOW COMES Petitioner, and pursuant to 735 ILCS 5/3-111 and applicable court rules, moves this Court on an emergency basis for a temporary stay of the [Agency Name]'s [Decision/Order] dated [__/__/____], and in support states:

31. The administrative decision is [currently in effect / will take effect on [__/__/____]], which is [____] days from the date of this Motion.

32. Emergency relief is required because:

☐ The agency issued a summary suspension under 5 ILCS 100/10-65, which is immediately effective
☐ The decision takes effect before a hearing on the regular Motion for Stay can be scheduled
☐ Petitioner faces immediate and irreparable harm as follows:
[________________________________]
[________________________________]

33. Good cause exists for a temporary stay because:

a. A temporary stay is required to preserve the status quo without endangering the public: [________________________________]
b. A temporary stay is not contrary to public policy: [________________________________]
c. A reasonable likelihood of success on the merits exists: [________________________________]

34. Petitioner has provided notice to the [Agency Name] of this Emergency Motion on [__/__/____] by [________________________________].

B. Summary Suspension Considerations

If the agency issued a summary suspension under 5 ILCS 100/10-65:

35. Under 5 ILCS 100/10-65, an agency may issue an emergency or summary suspension "to prevent a threat to the public interest, safety, or welfare."

36. To obtain a stay of a summary suspension, the movant must demonstrate:

☐ The agency lacked a sufficient basis for concluding there was an imminent threat to the public
☐ The suspension was issued without adequate procedural safeguards
☐ Changed circumstances have eliminated the threat that justified the summary action
☐ Other: [________________________________]

C. Temporary Restraining Order Alternative

37. If a stay under 735 ILCS 5/3-111 is not available or sufficient, Petitioner may alternatively seek a temporary restraining order under 735 ILCS 5/11-101 by demonstrating:

☐ A clearly ascertainable right in need of protection
☐ Irreparable harm without the TRO
☐ No adequate remedy at law
☐ A likelihood of success on the merits

8. OPPOSITION RESPONSE TEMPLATE

IN THE CIRCUIT COURT OF [________________________________] COUNTY
STATE OF ILLINOIS

[________________________________], Petitioner,
v.
[AGENCY NAME], Respondent.

Case No.: [________________________________]

RESPONSE IN OPPOSITION TO MOTION FOR STAY OF ADMINISTRATIVE DECISION

NOW COMES Respondent [Agency Name], by and through [________________________________], and in opposition to Petitioner's Motion for Stay states as follows:

I. PETITIONER HAS NOT SHOWN GOOD CAUSE

A. No Immediate Stay Required / Public Would Be Endangered

1. The stay is not required to preserve the status quo because:
   [________________________________]

2. Granting the stay would endanger the public because:
   [________________________________]

B. Stay Is Contrary to Public Policy

3. The requested stay conflicts with public policy because:
   [________________________________]

4. The enabling statute specifically provides that [________________________________].

C. No Reasonable Likelihood of Success on the Merits

5. The administrative decision is supported by [substantial evidence / the manifest weight of the evidence] because:
   [________________________________]

6. The agency acted within its statutory authority and followed proper procedures:
   [________________________________]

II. ALTERNATIVE CONDITIONS

7. If the Court is inclined to grant the stay, the Agency requests:

☐ Bond in the amount of $[________________________________]
☐ The following conditions: [________________________________]
☐ A limited stay period of [____] days

WHEREFORE, Respondent requests this Court deny the Motion for Stay.

Dated: [__/__/____]

[________________________________]
Counsel for [Agency Name]

9. PROPOSED ORDER ON STAY

IN THE CIRCUIT COURT OF [________________________________] COUNTY
STATE OF ILLINOIS

[________________________________], Petitioner,
v.
[AGENCY NAME], Respondent.

Case No.: [________________________________]

ORDER ON MOTION FOR STAY OF ADMINISTRATIVE DECISION

This matter coming before the Court on the Motion for Stay of Administrative Decision filed by Petitioner [________________________________] pursuant to 735 ILCS 5/3-111, the Court having considered the Motion, any response in opposition, supporting materials, and the arguments of counsel;

The Court finds:

☐ Good cause has been shown for a stay of the administrative decision.
☐ Good cause has not been shown for a stay of the administrative decision.

IT IS HEREBY ORDERED:

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

Bond: ☐ No bond required ☐ Bond in the amount of $[________________________________] to be posted within [____] days

Conditions:
a. [________________________________]
b. [________________________________]
c. [________________________________]

☐ STAY DENIED. The Motion for Stay is DENIED. The administrative decision shall remain in full force and effect.

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

ENTERED: [__/__/____]

___________________________________
Judge, Circuit Court of [________________________________] County

10. APPEAL OF STAY DENIAL

A. Interlocutory Appeal

If the Circuit Court denies the Motion for Stay:

1. Interlocutory Appeal: The denial of a stay may be subject to interlocutory appeal under Illinois Supreme Court Rule 307(a)(1), which permits appeals from orders granting, modifying, refusing, dissolving, or refusing to dissolve or modify an injunction.

2. Filing Requirements:
   - File a Notice of Interlocutory Appeal within 30 days of the denial order
   - File in the appropriate Illinois Appellate Court district
   - Serve all parties

3. Stay Pending Appeal: The petitioner may seek a stay of the Circuit Court's order pending the interlocutory appeal.

B. Motion for Reconsideration

Before pursuing an interlocutory appeal, consider filing a Motion for Reconsideration in the Circuit Court based on:

☐ New evidence not previously available
☐ Changed circumstances since the denial
☐ Legal arguments the Court did not consider
☐ Errors in the Court's analysis of the good cause standard

C. Appellate Court Stay

If an interlocutory appeal is filed, the Appellate Court may grant a stay pending disposition of the appeal under Illinois Supreme Court Rule 305.

11. DOCUMENT CHECKLIST

Filing the Stay Motion

☐ Completed Motion for Stay of Administrative Decision
☐ Cover letter to Circuit Court Clerk
☐ Notice of Motion (with hearing date if applicable)
☐ Copy of the administrative decision being challenged
☐ Copy of the Complaint for Administrative Review
☐ Proof of timely filing of the Complaint for Administrative Review
☐ Affidavit or declaration in support of stay
☐ Supporting exhibits (identified and tabbed)
☐ Proposed Order on Stay
☐ Bond documents (if applicable)
☐ Certificate of Service on the Agency
☐ Filing fee (if applicable)

Supporting Documentation

☐ Financial records demonstrating harm from enforcement
☐ Business records showing impact of the decision
☐ Expert affidavits or reports (if applicable)
☐ Statutory and regulatory citations
☐ Relevant case law on "good cause" standard
☐ Evidence that stay will not endanger the public
☐ Evidence regarding public policy considerations
☐ Prior correspondence with agency

Service Requirements

☐ Serve the Agency with notice of the Motion and all supporting documents
☐ Serve all parties of record in the administrative proceeding
☐ File proof of service with the Circuit Court
☐ Comply with Illinois Supreme Court e-filing requirements

Timeline Tracking

☐ Date administrative decision issued: [__/__/____]
☐ Date of service of the decision: [__/__/____]
☐ 35-day deadline for filing Complaint for Administrative Review: [__/__/____]
☐ Date Complaint for Administrative Review filed: [__/__/____]
☐ Date Motion for Stay filed: [__/__/____]
☐ Hearing date on Motion for Stay: [__/__/____]
☐ Bond posting deadline (if applicable): [__/__/____]
☐ Date of Order on Stay: [__/__/____]

12. PRACTICE TIPS

Illinois-Specific Considerations

1. No Automatic Stay in Illinois: Under the Administrative Review Law, filing a Complaint for Administrative Review does NOT automatically stay the agency decision. The petitioner must affirmatively seek a stay under 735 ILCS 5/3-111.

2. Good Cause Standard is a Three-Part Test: Remember that Illinois uses a three-part "good cause" standard, not the traditional four-factor injunction test. Each element — (i) status quo preservation without public endangerment, (ii) consistency with public policy, and (iii) reasonable likelihood of success — must be addressed.

3. Bond Flexibility: The Court has discretion to require bond or waive it. Always address bond in your motion. If your client cannot afford bond, request a waiver or reduction with a supporting financial affidavit.

4. Statutory Exceptions: Some agency-specific statutes contain their own stay provisions that may override or supplement Section 3-111. Check the agency's enabling statute carefully.

5. Summary Suspension Under 5 ILCS 100/10-65: If the agency has issued an emergency or summary suspension, the standard for obtaining a stay may be higher because the agency has already determined that an immediate threat to the public exists.

6. E-Filing Required: Illinois requires mandatory electronic filing in most courts. Ensure compliance with local e-filing rules.

7. 35-Day Filing Deadline: The Complaint for Administrative Review must be filed within 35 days of service of the administrative decision. This deadline is jurisdictional. If the deadline is missed, the court lacks jurisdiction and a stay cannot be obtained.

8. Motion Timing: A stay may be sought "before or after answer filed," so it can be filed at any time during the pendency of the administrative review. However, file early to maximize effectiveness.

9. Public Safety Argument: Be prepared to address the public safety implications of a stay. If the agency's action was related to health, safety, or welfare concerns, you will need strong evidence that a stay will not endanger the public.

10. Record Preservation: The court reviews the case on the administrative record. Ensure the record is complete and includes evidence supporting your stay arguments.

Common Mistakes to Avoid

• Failing to provide notice to the agency before seeking the stay
• Not addressing all three elements of the "good cause" standard
• Treating the stay standard as identical to preliminary injunction standards
• Missing the 35-day filing deadline for the Complaint for Administrative Review
• Failing to check agency-specific statutes for special stay provisions
• Not providing a proposed order for the court

13. SOURCES AND REFERENCES

Illinois Statutes

• 735 ILCS 5/3-111 — Powers of Court (Administrative Review Law)
• 735 ILCS 5/3-101 et seq. — Administrative Review Law
• 735 ILCS 5/3-103 — Commencement of Action for Administrative Review
• 735 ILCS 5/3-108 — Scope and Standard of Review
• 735 ILCS 5/3-110 — Findings and Judgment
• 5 ILCS 100/10-65 — Emergency and Summary Suspension
• 5 ILCS 100/10-50 — Decisions and Orders

Court Rules

• Illinois Supreme Court Rule 305 — Stays Pending Appeal
• Illinois Supreme Court Rule 307(a)(1) — Interlocutory Appeals as of Right
• Illinois Supreme Court Rules on E-Filing

Online Resources

• Illinois General Assembly: https://www.ilga.gov/legislation/ILCS/
• Illinois Courts: https://www.illinoiscourts.gov/
• Illinois State Bar Association: https://www.isba.org/

This template is intended for use by licensed attorneys in Illinois. 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