Stay of Enforcement Request - Kentucky

STAY OF ENFORCEMENT REQUEST

COMMONWEALTH OF KENTUCKY — ADMINISTRATIVE PROCEEDING

TABLE OF CONTENTS

1. Stay Request Cover Letter
2. Motion for Stay of Final Order (Agency Level)
3. Statement of Facts
4. Legal Standard for Stay Under Kentucky Law
5. Grounds Analysis (Four-Factor Test)
6. Bond/Security Provisions
7. Emergency Stay Procedures
8. Petition for Stay Pending Judicial Review (Circuit Court)
9. Opposition Response Template
10. Proposed Orders on Stay
11. Appeal of Stay Denial
12. Document Checklist
13. Practice Tips
14. Sources and References

1. STAY REQUEST COVER LETTER

[__/__/____]

[________________________________]
[Title/Position]
[Agency Name]
[________________________________]
[City], Kentucky [____]

Via: ☐ Personal Delivery ☐ Certified Mail ☐ Electronic Filing

Re: Motion for Stay of Final Order
Administrative Case/Docket No.: [________________________________]
Petitioner: [________________________________]
Final Order Dated: [__/__/____]

Dear [________________________________]:

Enclosed please find the Motion for Stay of Final Order filed on behalf of [________________________________] ("Petitioner"). Petitioner respectfully requests that the [Agency Name] stay the effectiveness and enforcement of its Final Order dated [__/__/____] pending [☐ appeal to agency head pursuant to KRS 13B.130 ☐ judicial review pursuant to KRS 13B.140].

Petitioner has [filed / intends to file] a [petition for appeal to the agency head / petition for judicial review in the [________________________________] Circuit Court] on [__/__/____].

Respectfully submitted,

[________________________________]
Attorney for Petitioner
Kentucky Bar Association No. [________________________________]
[________________________________]
[________________________________]
[City], Kentucky [____]
Telephone: [________________________________]
Email: [________________________________]

2. MOTION FOR STAY OF FINAL ORDER (AGENCY LEVEL)

BEFORE THE [AGENCY NAME]
COMMONWEALTH OF KENTUCKY

In the Matter of:

[________________________________],

Petitioner,

v.

[AGENCY NAME],

Respondent.

Administrative Case No.: [________________________________]

MOTION FOR STAY OF FINAL ORDER

COMES NOW Petitioner [________________________________], by and through [counsel / pro se], and respectfully moves the [Agency Name] for a stay of its Final Order dated [__/__/____] (the "Order"), and in support thereof states as follows:

I. JURISDICTION AND AUTHORITY

1. The [Agency Name] is an agency of the Commonwealth of Kentucky subject to the provisions of KRS Chapter 13B (Kentucky Administrative Hearings).

2. On [__/__/____], the [Agency Name / hearing officer / administrative law judge] issued a [Recommended Order / Final Order] in the above-referenced matter.

3. [If applicable] On [__/__/____], the agency head issued a Final Order pursuant to KRS 13B.120, [adopting / modifying / rejecting] the hearing officer's recommended order.

4. Petitioner seeks a stay of the Final Order pending [appeal to the agency head under KRS 13B.130 / judicial review under KRS 13B.140].

5. The [Agency Name] retains authority to stay its own order during the pendency of review proceedings.

II. NATURE OF THE FINAL ORDER

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

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

7. The Final Order [is currently effective / will become effective on [__/__/____]].

8. Petitioner challenges the Final Order on the grounds that:

☐ The agency acted without jurisdiction or beyond its statutory authority
☐ The Order is not supported by substantial evidence on the record as a whole
☐ The agency applied an incorrect legal standard
☐ The agency violated Petitioner's due process rights
☐ The Order is arbitrary, capricious, or characterized by an abuse of discretion
☐ Other: [________________________________]

3. STATEMENT OF FACTS

A. Background

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

10. Petitioner [holds/held] [license/permit/certification/registration] 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. A hearing was conducted on [__/__/____] before [Hearing Officer / Administrative Law Judge] [________________________________] pursuant to KRS Chapter 13B.

14. The hearing officer issued a Recommended Order on [__/__/____] pursuant to KRS 13B.110.

15. On [__/__/____], the agency head [adopted / modified / rejected] the Recommended Order and issued a Final Order pursuant to KRS 13B.120.

16. [If applicable] Petitioner filed an appeal to the agency head pursuant to KRS 13B.130 on [__/__/____], which resulted in [________________________________].

C. Impact of Enforcement

17. Unless stayed, the Final Order will result in the following consequences:

[________________________________]
[________________________________]
[________________________________]

18. These consequences are [immediate / will occur on [__/__/____]] and will cause:

[________________________________]
[________________________________]

4. LEGAL STANDARD FOR STAY UNDER KENTUCKY LAW

A. Statutory Framework

Kentucky's administrative hearing procedures are governed by KRS Chapter 13B. The key provisions relevant to stays include:

KRS 13B.120 — Final Orders: The agency head issues a final order that constitutes the agency's final action. The final order must contain findings of fact, conclusions of law, and the appropriate penalty or relief.

KRS 13B.130 — Appeal of Final Order to Agency Head: A party may appeal a hearing officer's final order to the agency head within 15 days. The agency head must act within 90 days.

KRS 13B.140 — Judicial Review: A party may institute a judicial review by filing a petition in the circuit court of venue within 30 days after the final order is mailed or delivered by personal service.

KRS 13B.150 — Review by Circuit Court: The circuit court reviews the record without a jury and limits its review to the administrative record.

B. Stay Pending Judicial Review

Under Kentucky law:

1. No Automatic Stay: A petition for judicial review does not automatically stay the final order pending review. The final order remains in effect unless a stay is affirmatively granted.

2. Circuit Court Authority: The circuit court of jurisdiction may order a stay upon petition by the aggrieved party.

3. Agency Authority: The agency may also stay its own order pending review.

C. Four-Factor Test for Stays

Kentucky courts apply the traditional four-factor test for stay requests:

1. Likelihood of success on the merits of the judicial review
2. Irreparable harm to the petitioner absent a stay
3. Balance of equities — whether the harm to the petitioner outweighs harm to the agency or public
4. Public interest considerations

D. De Novo Review of Legal Questions

Following recent legislative changes, Kentucky circuit courts apply de novo review to an agency's interpretation of statutes, administrative regulations, and other questions of law, with the agency's interpretation not entitled to deference. This heightened standard of review may strengthen the "likelihood of success" showing where legal errors are alleged.

E. Substantial Evidence Standard for Facts

The circuit court reviews factual findings under the substantial evidence standard — whether the findings are supported by substantial evidence on the whole record.

5. GROUNDS ANALYSIS (FOUR-FACTOR TEST)

Factor 1: Likelihood of Success on the Merits

19. Petitioner is likely to prevail on judicial review because:

☐ Legal Error (reviewed de novo): The agency misinterpreted or misapplied the law:
[________________________________]
[________________________________]

☐ Lack of Substantial Evidence: The agency's findings of fact are not supported by substantial evidence on the whole record:
[________________________________]
[________________________________]

☐ Exceeded Statutory Authority: The agency acted beyond its jurisdictional or statutory authority:
[________________________________]
[________________________________]

☐ Due Process Violations: The agency violated Petitioner's due process rights by:
[________________________________]
[________________________________]

☐ Arbitrary or Capricious Action: The agency acted arbitrarily, capriciously, or with an abuse of discretion:
[________________________________]
[________________________________]

☐ Procedural Irregularities: The agency failed to follow required procedures:
[________________________________]
[________________________________]

20. The de novo standard of review for legal questions substantially increases Petitioner's likelihood of success because:

[________________________________]
[________________________________]

Factor 2: Irreparable Harm

21. Absent a stay, Petitioner will suffer irreparable harm including:

☐ Loss of Livelihood:

• Revocation/suspension of [license/permit] prevents engagement in [________________________________]
• Estimated income loss: $[________________________________] per [month/year]
• Loss of professional practice built over [____] years
• Inability to support [____] employees/dependents

☐ Reputational Harm:
[________________________________]
[________________________________]

☐ Business Destruction:

• Closure of business operations: [________________________________]
• Loss of contracts and clients: [________________________________]
• Inability to meet financial obligations: [________________________________]

☐ Loss of Unique Property or Rights:
[________________________________]

☐ Health, Safety, or Personal Consequences:
[________________________________]

☐ Other Irreparable Harm:
[________________________________]

22. These harms are irreparable because:

☐ Monetary damages cannot compensate for the loss
☐ The harm cannot be reversed even if Petitioner prevails
☐ The status quo cannot be restored after enforcement
☐ Other: [________________________________]

Factor 3: Balance of Equities

23. The balance of equities favors Petitioner because:

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

b. Harm to Agency/Public if stay granted:
[________________________________]
[________________________________]

c. Net balance favors Petitioner because:
[________________________________]

24. Petitioner will accept conditions to mitigate harm:

☐ Posting bond or security
☐ Interim compliance measures
☐ Monitoring and reporting
☐ Other: [________________________________]

Factor 4: Public Interest

25. A stay serves the public interest because:

☐ Public health, safety, and welfare are not endangered:
[________________________________]

☐ Continued operation of Petitioner's [business/practice] serves the public:
[________________________________]

☐ Meaningful judicial review requires preservation of the status quo:
[________________________________]

☐ Enforcement of an erroneous order disserves the public interest:
[________________________________]

☐ Other: [________________________________]

6. BOND/SECURITY PROVISIONS

A. Proposed Bond/Security

26. Petitioner proposes the following bond/security:

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

B. Bond Amount Justification

27. 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
☐ It is sufficient to ensure compliance if the order is upheld
☐ Financial hardship prevents a larger bond: [________________________________]
☐ Other: [________________________________]

C. Proposed Conditions

28. Petitioner proposes the following conditions during the stay:

☐ Petitioner will maintain all current insurance and bonding requirements
☐ Petitioner will comply with all other regulatory requirements not at issue
☐ Petitioner will submit periodic reports to the Agency
☐ Petitioner will permit inspections or monitoring
☐ Petitioner will refrain from: [________________________________]
☐ Other: [________________________________]

7. EMERGENCY STAY PROCEDURES

A. Emergency Stay Request (Agency Level)

BEFORE THE [AGENCY NAME]
COMMONWEALTH OF KENTUCKY

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

Administrative Case No.: [________________________________]

EMERGENCY MOTION FOR STAY OF FINAL ORDER

COMES NOW Petitioner and moves on an emergency basis for a stay of the Final Order dated [__/__/____]:

29. The Final Order is [currently effective / will become effective on [__/__/____]].

30. Immediate and irreparable harm will result without a stay because:
    [________________________________]
    [________________________________]

31. Emergency relief is required because there is insufficient time to seek relief through normal procedures:
    [________________________________]

32. Petitioner requests the agency stay the Order pending [appeal / judicial review].

B. Emergency Stay Against Emergency Agency Action (KRS 13B.125)

33. If the agency took emergency action under KRS 13B.125:

☐ Emergency action may be taken without a hearing if the agency finds an imminent threat to public health, safety, or welfare
☐ Emergency orders are effective immediately
☐ A hearing must be conducted within a reasonable time (within 45 days unless otherwise provided)
☐ The party subject to emergency action may request an expedited hearing and stay

34. To challenge an emergency order under KRS 13B.125, Petitioner should:

☐ Request an immediate hearing before the agency
☐ Challenge the factual basis for the "imminent threat" finding
☐ Demonstrate that the emergency action was not necessary to protect the public
☐ Seek a stay from the circuit court if the agency refuses to act

C. Emergency Circuit Court Stay

35. If the agency denies the emergency stay or fails to act:

☐ File an emergency motion for stay in the appropriate circuit court
☐ Provide notice to the agency (even abbreviated notice)
☐ Request an expedited hearing
☐ Submit a verified petition demonstrating emergency circumstances
☐ Propose interim conditions to protect public interest

8. PETITION FOR STAY PENDING JUDICIAL REVIEW (CIRCUIT COURT)

IN THE [________________________________] CIRCUIT COURT
COMMONWEALTH OF KENTUCKY

[________________________________],

Petitioner,

v.

[AGENCY NAME],

Respondent.

Civil Action No.: [________________________________]

PETITION FOR STAY OF AGENCY FINAL ORDER PENDING JUDICIAL REVIEW

COMES NOW Petitioner [________________________________], by and through [counsel / pro se], and pursuant to KRS 13B.140 and applicable civil rules, respectfully petitions this Court for an Order staying the [Agency Name]'s Final Order dated [__/__/____] pending judicial review, and in support states:

I. JURISDICTIONAL STATEMENT

1. This Court has jurisdiction over this judicial review proceeding pursuant to KRS 13B.140 and KRS 13B.150.

2. Petitioner timely filed a Petition for Judicial Review within 30 days after the final order was mailed or delivered, as required by KRS 13B.140.

3. Venue is proper in this Circuit Court pursuant to [KRS 13B.140 / the agency's enabling statute].

II. NO AUTOMATIC STAY

4. A petition for judicial review does not automatically stay the final order. The Final Order remains in full force and effect unless this Court affirmatively grants a stay.

III. GROUNDS FOR STAY

5. Likelihood of Success: Petitioner is likely to prevail on judicial review because:
   [________________________________]
   [________________________________]

6. Irreparable Harm: Absent a stay, Petitioner will suffer irreparable harm:
   [________________________________]
   [________________________________]

7. Balance of Equities: The harm to Petitioner outweighs any harm from the stay:
   [________________________________]

8. Public Interest: A stay serves the public interest because:
   [________________________________]

IV. PROPOSED BOND AND CONDITIONS

9. Petitioner proposes bond in the amount of $[________________________________] and the following conditions:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court enter an order staying the [Agency Name]'s Final Order dated [__/__/____] pending the Court's determination on judicial review, subject to appropriate conditions and bond.

Dated: [__/__/____]

[________________________________]
Attorney for Petitioner

9. OPPOSITION RESPONSE TEMPLATE

IN THE [________________________________] CIRCUIT COURT
COMMONWEALTH OF KENTUCKY

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

Civil Action No.: [________________________________]

RESPONSE IN OPPOSITION TO PETITION FOR STAY

COMES NOW Respondent [Agency Name], by and through [________________________________], and responds in opposition to the Petition for Stay:

I. PETITIONER FAILS THE FOUR-FACTOR TEST

A. No Likelihood of Success on the Merits

1. The Final Order is supported by substantial evidence:
   [________________________________]

2. The agency correctly interpreted and applied the law:
   [________________________________]

B. No Irreparable Harm

3. Petitioner's alleged harm is speculative or compensable:
   [________________________________]

C. Balance of Equities Favors Enforcement

4. The public will be harmed by a stay:
   [________________________________]

D. Public Interest Favors Enforcement

5. The Order protects the public by:
   [________________________________]

II. ALTERNATIVE CONDITIONS

6. If the Court grants a stay, the Agency requests:

☐ Bond of $[________________________________]
☐ Conditions: [________________________________]
☐ Limited stay duration: [________________________________]

WHEREFORE, Respondent requests denial of the Petition for Stay.

Dated: [__/__/____]

[________________________________]
Counsel for [Agency Name]

10. PROPOSED ORDERS ON STAY

A. Agency Level Order

BEFORE THE [AGENCY NAME]
COMMONWEALTH OF KENTUCKY

Administrative Case No.: [________________________________]

ORDER ON MOTION FOR STAY

The Motion for Stay filed by [________________________________] having been considered;

IT IS HEREBY ORDERED:

☐ STAY GRANTED. The Final Order dated [__/__/____] is STAYED [in whole / in part] pending [appeal / judicial review], subject to:

a. [________________________________]
b. [________________________________]

☐ STAY DENIED. The Motion for Stay is DENIED.

DATED: [__/__/____]

___________________________________
[Agency Head / Hearing Officer]

B. Circuit Court Order

IN THE [________________________________] CIRCUIT COURT
COMMONWEALTH OF KENTUCKY

Civil Action No.: [________________________________]

ORDER ON PETITION FOR STAY PENDING JUDICIAL REVIEW

This matter coming before the Court on the Petition for Stay filed by [________________________________], the Court having considered the petition, response, and supporting materials;

The Court finds:

☐ Petitioner has demonstrated entitlement to a stay pending judicial review.
☐ Petitioner has not demonstrated entitlement to a stay.

IT IS HEREBY ORDERED:

☐ STAY GRANTED. The Final Order of the [Agency Name] dated [__/__/____] is STAYED pending judicial review, subject to the following terms:

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

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

Duration: Until [final disposition / [__/__/____] / further order].

☐ STAY DENIED. The Petition for Stay is DENIED.

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

ENTERED: [__/__/____]

___________________________________
Judge, [________________________________] Circuit Court

11. APPEAL OF STAY DENIAL

A. Appeal from Agency Denial

If the agency denies the stay:

1. Seek Circuit Court Stay: File a Petition for Stay with the circuit court where the judicial review petition is pending.

2. File for Judicial Review: If not already filed, file the Petition for Judicial Review within 30 days under KRS 13B.140 and simultaneously request a stay.

B. Appeal from Circuit Court Denial

If the circuit court denies the stay:

1. Kentucky Court of Appeals: File a motion for stay pending appeal with the Kentucky Court of Appeals under applicable appellate rules.

2. Kentucky Supreme Court: If the Court of Appeals denies the stay, a petition may be filed with the Kentucky Supreme Court.

3. CR 65.09 — Injunction Pending Appeal: Consider seeking injunctive relief pending appeal under the Kentucky Rules of Civil Procedure.

C. Motion for Reconsideration

Before pursuing appellate relief, consider filing a CR 59.05 motion for reconsideration:

☐ New evidence or changed circumstances
☐ Legal arguments not previously considered
☐ Modified conditions or bond
☐ Manifest errors of fact or law

12. DOCUMENT CHECKLIST

Agency Stay Filing

☐ Motion for Stay of Final Order
☐ Cover letter to agency
☐ Copy of the Final Order being challenged
☐ Supporting affidavits or declarations
☐ Supporting exhibits
☐ Proposed Order on Stay
☐ Certificate of Service on all parties

Circuit Court Stay Filing

☐ Petition for Stay Pending Judicial Review
☐ Petition for Judicial Review (KRS 13B.140)
☐ Copy of the Final Order being challenged
☐ Copy of the administrative record or relevant excerpts
☐ Supporting affidavits or declarations
☐ Supporting exhibits
☐ Bond documents (if applicable)
☐ Proposed Order on Stay
☐ Certificate of Service on all parties
☐ Filing fee

Supporting Documentation

☐ Financial records demonstrating harm
☐ Business records showing impact
☐ Expert reports or opinions
☐ Statutory and regulatory citations
☐ Relevant case law
☐ Insurance certificates (if proposing conditions)
☐ Prior agency correspondence
☐ Evidence of compliance history

Timeline Tracking

☐ Date Final Order issued: [__/__/____]
☐ Date Final Order mailed/served: [__/__/____]
☐ 30-day deadline for Petition for Judicial Review: [__/__/____]
☐ Date Petition for Judicial Review filed: [__/__/____]
☐ Date Stay request filed (agency): [__/__/____]
☐ Date Stay petition filed (circuit court): [__/__/____]
☐ Hearing date on stay: [__/__/____]
☐ Bond posting deadline: [__/__/____]

13. PRACTICE TIPS

Kentucky-Specific Considerations

1. No Automatic Stay: Under Kentucky law, filing a petition for judicial review does NOT automatically stay the final order. The order remains in full force and effect unless a stay is affirmatively granted by the agency or the circuit court.

2. 30-Day Filing Deadline: The Petition for Judicial Review must be filed within 30 days after the final order is mailed or delivered by personal service (KRS 13B.140). This deadline is jurisdictional.

3. De Novo Review of Legal Questions: Kentucky law now provides for de novo review of an agency's interpretation of statutes, regulations, and other questions of law — the agency's interpretation is not entitled to deference. This significantly impacts the "likelihood of success" factor when legal errors are alleged.

4. Record Review Only: Under KRS 13B.150, the circuit court reviews without a jury and limits its review to the administrative record. Ensure the record is complete.

5. Emergency Actions Under KRS 13B.125: Emergency actions may be taken without a hearing. A hearing must be conducted within 45 days (unless otherwise provided). Challenge emergency actions by requesting an expedited hearing and demonstrating no imminent threat exists.

6. 15-Day Agency Appeal: Under KRS 13B.130, a party may appeal a hearing officer's final order to the agency head within 15 days. The agency head must act within 90 days. Consider seeking a stay during this agency appeal process.

7. Venue: File the Petition for Judicial Review in the circuit court of venue as provided in the agency's enabling statutes. If the enabling statute does not specify venue, consult KRS 13B.140.

8. Bond Considerations: Be prepared to propose bond and specific conditions. Courts appreciate specificity in stay requests and are more likely to grant stays when the petitioner demonstrates willingness to protect the agency's and public's interests.

9. Recommended vs. Final Orders: Under KRS 13B.110, the hearing officer issues a recommended order, which the agency head then adopts, modifies, or rejects. Understand this distinction — the final order of the agency head is the order subject to judicial review and stay.

10. Compliance History: Include evidence of the petitioner's compliance history with the agency. A strong compliance record supports the argument that the public is not at risk during a stay.

Common Mistakes to Avoid

• Assuming the petition for judicial review automatically stays the final order
• Missing the 30-day deadline for filing the petition for judicial review
• Confusing the 15-day agency appeal deadline (KRS 13B.130) with the 30-day judicial review deadline (KRS 13B.140)
• Failing to address all four factors of the stay analysis
• Not proposing specific conditions or bond to mitigate risks during the stay
• Filing in the wrong circuit court (incorrect venue)
• Not distinguishing between recommended orders and final orders

14. SOURCES AND REFERENCES

Kentucky Statutes

• KRS 13B.125 — Emergency Action; Hearing; Appeal
• KRS 13B.110 — Recommended Orders
• KRS 13B.120 — Final Orders
• KRS 13B.130 — Appeal of Final Order to Agency Head
• KRS 13B.140 — Judicial Review of Final Order
• KRS 13B.150 — Review by Circuit Court

Court Rules

• Kentucky Rules of Civil Procedure (CR) — Applicable rules for circuit court proceedings
• CR 59.05 — Motion to Alter, Amend, or Vacate Judgment
• CR 65.09 — Injunction Pending Appeal
• Kentucky Rules of Appellate Procedure — Stays pending appeal

Online Resources

• Kentucky Legislature: https://legislature.ky.gov/
• Kentucky Court of Justice: https://www.kycourts.gov/
• Kentucky Bar Association: https://www.kybar.org/

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