Stay of Enforcement Request - Indiana

FINAL-ORDER / JUDICIAL-STAY GUIDE

Use the correct track. Track A requests a stay from the agency's ultimate authority
after a final order under IC 4-21.5-3-31(b). Track B requests a court stay during a
judicial-review case under IC 4-21.5-5-9. Neither track creates an automatic stay.

Indiana Final-Order and Judicial Stay Request

1. Track selection

☐ Track A — Final agency order: petition the ultimate authority for a stay under
IC 4-21.5-3-31(b) before the earliest of 30 days after service of the final order, another
agency assuming jurisdiction, or a court assuming jurisdiction.

☐ Track B — Judicial review: file a verified stay petition in the judicial-review case
under IC 4-21.5-5-9, if the matter is not a state tax assessment/determination and the
agency's governing law does not preclude a court stay.

☐ Neither — use the initial administrative stay or emergency-order procedure instead.

2. Final order and deadline record

Agency: [________________________________]

Final order: [________________________________]

Final order date: [__/__/____]

Date personally served: [__/__/____]

Date deposited in U.S. mail: [__/__/____]

Administrative objections exhausted: ☐ Yes ☐ No ☐ Not applicable

Judicial-review petition deadline: [__/__/____]

Judicial-review petition filed: [__/__/____] / ☐ Not yet filed

IC 4-21.5-5-5 ordinarily requires filing within 30 days after notice of the agency
action is served. Apply IC 4-21.5-3-2's service and time-computation rules and any
different program-specific law. When notice is served by U.S. mail, § 3-2(e) adds three
days to a period that commences upon service.

3. Track A — petition to ultimate authority for final-order stay

The ultimate authority may stay a final order in whole or in part under IC
4-21.5-3-31(b), before or after the order becomes effective, only while it retains
jurisdiction under § 3-31(a)'s earliest-of-three cutoff.

BEFORE THE ULTIMATE AUTHORITY OF [AGENCY]

Agency Cause No.: [________________________________]

Petition for Stay of Final Order

Petitioner requests that the ultimate authority stay [all / the following part] of the
final order issued on [__/__/____]:

[____________________________________________________________]

1. The ultimate authority retains jurisdiction because:

[____________________________________________________________]

Jurisdiction cutoff date (30 days after service): [__/__/____]

2. No court or second reviewing agency has assumed jurisdiction. ☐ Confirmed

3. The facts and law supporting the requested stay are:

[____________________________________________________________]

4. The requested scope and conditions are:

[____________________________________________________________]

Petitioner / Counsel: [________________________________]

Signature: [________________________________]

Date: [__/__/____]

Do not confuse stay and rehearing

IC 4-21.5-3-31(c) permits rehearing only when the petitioner is not in default, newly
discovered material evidence exists, and due diligence would not have discovered and
produced that evidence at the hearing. A stay request does not itself establish those
rehearing grounds.

A party or agency action under § 3-31, including a motion to correct error, tolls the next
administrative-objection or judicial-review period. A new period begins when the motion is
denied or a new order is issued. A motion to correct error or rehearing request is deemed
denied after 30 days when there is no ruling and no hearing is set.

4. Track B — verified court petition for stay

Eligibility gate under IC 4-21.5-5-9

☐ A petition for judicial review has been filed in the proper court.

☐ The case does not concern an assessment or determination of tax due or claimed due to
the state.

☐ The law governing the agency does not preclude a court stay.

☐ The stay petition can show a reasonable probability that the challenged order or
determination is invalid or illegal.

☐ A bond of at least $500, in an amount and with surety approved by the court, can be
filed unless a controlling exception applies.

Court caption

IN THE [CIRCUIT / SUPERIOR] COURT OF [COUNTY], INDIANA

Cause No.: [________________________________]

Verified Petition for Stay Pending Judicial Review

Petitioner affirms under the penalties for perjury:

1. Petitioner filed a petition for judicial review on [__/__/____] challenging the
   final agency action identified as [________________________________].

2. Petitioner has standing and exhausted all required administrative remedies as stated
   in the judicial-review petition.

3. The matter is eligible for a stay under IC 4-21.5-5-9 because:

[____________________________________________________________]

4. There is a reasonable probability that the agency order or determination is invalid or
   illegal for these specific reasons:

[____________________________________________________________]

[____________________________________________________________]

5. Petitioner requests a stay of:

[____________________________________________________________]

6. Petitioner proposes these conditions and bond:

Bond amount: $[________________] (not less than $500)

Proposed surety: [________________________________]

☐ Bond is conditioned on due prosecution of the review, payment of all court costs, and
compliance with the agency order if it is not set aside.

Other conditions: [________________________________]

Prayer

Petitioner asks the Court to stay the identified agency action pending final determination
of judicial review, approve the bond and surety, state any required conditions, and grant
other relief authorized by law.

Petitioner / Counsel: [________________________________]

Signature: [________________________________]

Date: [__/__/____]

Verification

I, [NAME], affirm, under the penalties for perjury, that the foregoing representations
are true.

Signature: [________________________________]

Date: [__/__/____]

This follows current Indiana Trial Rule 11(D); adapt it if another controlling law requires
more.

5. Judicial-review service checklist

Under IC 4-21.5-5-8, the judicial-review petition must be served under the civil rules on
the ultimate authority issuing the order, the ultimate authority of any other reviewing
agency, the Indiana Attorney General, and each party to the agency proceeding. Confirm
whether the stay petition requires the same or additional service under the court rules.

6. Proposed orders

Proposed agency order — Track A

☐ Final order stayed in full.

☐ Final order stayed only as follows: [________________________________]

☐ Stay denied.

Conditions and effective period: [________________________________]

Proposed court order — Track B

The Court finds that:

☐ The verified petition shows a reasonable probability that the challenged order is
invalid or illegal.

☐ A bond of $[________________] with approved surety has been filed.

☐ The requested stay is permitted by controlling law.

The agency action is ☐ stayed in full ☐ stayed only as follows: [________________].

7. Final checklist

☐ Selected agency-final-order or court-review track

☐ Preserved and exhausted administrative objections

☐ Filed judicial review within the service-based deadline

☐ Confirmed ultimate-authority jurisdiction for Track A

☐ Filed Track A before § 3-31(a)'s earliest jurisdiction cutoff

☐ Confirmed non-tax eligibility and no stay prohibition for Track B

☐ Stated the IC 4-21.5-5-9 probability ground without importing an unrelated four-factor
test

☐ Prepared the required bond and surety

☐ Verified the court petition

☐ Served all statutory and rule-based recipients

Sources and References

• Indiana Code 2026, IC 4-21.5-3
• Indiana Code 2026, IC 4-21.5-5