Stay of Enforcement Request - Louisiana

STAY OF ENFORCEMENT REQUEST

STATE OF LOUISIANA — ADMINISTRATIVE PROCEEDING

TABLE OF CONTENTS

1. Stay Request Cover Letter
2. Motion for Stay of Enforcement Pending Judicial Review
3. Statement of Facts
4. Legal Standard for Stay Under Louisiana Law
5. Grounds Analysis (Stay Factors)
6. Bond/Security Provisions
7. Emergency Stay Procedures
8. Opposition Response Template
9. Proposed Orders on Stay
10. Appeal of Stay Denial
11. Document Checklist
12. Practice Tips
13. Sources and References

1. STAY REQUEST COVER LETTER

[__/__/____]

Clerk of Court
[________________________________] Parish District Court
[________________________________]
[City], Louisiana [____]

Via: ☐ Personal Delivery ☐ Certified Mail ☐ Electronic Filing

Re: Motion for Stay of Enforcement Pending Judicial Review
Civil Suit No.: [________________________________]
Administrative Case/Docket No.: [________________________________]
Agency: [________________________________]
Petitioner: [________________________________]

Dear Clerk of Court:

Enclosed for filing please find the Motion for Stay of Enforcement filed on behalf of [________________________________] ("Petitioner") pursuant to Louisiana Revised Statutes 49:964(B). Petitioner respectfully requests that the [District Court / Agency] stay the enforcement of the [Agency Name]'s [Decision/Order/Final Decision] dated [__/__/____] pending judicial review.

A copy of the Motion has been served on the [Agency Name] as required by law.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
Louisiana Bar Roll No. [________________________________]
[________________________________]
[________________________________]
[City], Louisiana [____]
Telephone: [________________________________]
Email: [________________________________]

2. MOTION FOR STAY OF ENFORCEMENT PENDING JUDICIAL REVIEW

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________]
STATE OF LOUISIANA

[________________________________],

Petitioner,

v.

[AGENCY NAME],

Respondent.

No.: [________________________________]
Division: [____]

MOTION FOR STAY OF ENFORCEMENT OF AGENCY DECISION PENDING JUDICIAL REVIEW

NOW INTO COURT comes Petitioner [________________________________], through undersigned [counsel / appearing pro se], who respectfully moves this Honorable Court for an Order staying the enforcement of the [Agency Name]'s [Decision/Order/Final Decision] dated [__/__/____] pending judicial review, pursuant to Louisiana Revised Statutes 49:964(B), and in support thereof represents:

I. JURISDICTION AND PROCEDURAL HISTORY

1. This Court has jurisdiction over this judicial review proceeding pursuant to La. R.S. 49:964(A), which provides that a person who is aggrieved by a final decision or order in an adjudication proceeding is entitled to judicial review.

2. Petitioner timely filed a Petition for Judicial Review within 30 days after mailing of notice of the final decision by the agency, as required by La. R.S. 49:964(A).

3. Venue is proper in the [________________________________] Parish District Court because [the agency is located in this parish / as provided by the agency's enabling statute].

4. This Motion is filed pursuant to La. R.S. 49:964(B), which provides that the agency may grant, or the reviewing court may order, a stay upon appropriate terms.

II. STATUTORY AUTHORITY FOR STAY

5. La. R.S. 49:964(B) provides: "The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay upon appropriate terms."

6. The reviewing court has independent authority to order a stay of the agency decision, even if the agency has not acted on a stay request.

7. [If applicable] The provisions of La. R.S. Title 37 (Professions and Occupations) [do / do not] apply to this matter.

III. NATURE OF THE AGENCY DECISION

8. On [__/__/____], the [Agency Name] issued its [Final Decision / Order / Ruling] in [Administrative Case/Docket No. ________________________________], 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 conditions on Petitioner's [license/permit] including: [________________________________]
☐ Other: [________________________________]

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

10. Petitioner [did / did not] request a rehearing before the agency. [If requested] The rehearing was [granted / denied] on [__/__/____].

3. STATEMENT OF FACTS

A. Background

11. [________________________________] is a [individual/business entity] domiciled at [________________________________], [City], Louisiana [____], engaged in [________________________________].

12. Petitioner [holds/held] [license/permit/certification/registration] No. [________________________________] issued by the [Agency Name] since [__/__/____].

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

[________________________________]
[________________________________]
[________________________________]

B. Administrative Proceedings Below

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

15. An administrative hearing was conducted on [__/__/____] before [Hearing Officer / Administrative Law Judge] [________________________________] pursuant to La. R.S. 49:955 et seq.

16. On [__/__/____], the [Agency / Hearing Officer / ALJ] issued the [Decision/Order/Ruling] that is the subject of this judicial review.

17. [If applicable] Petitioner filed a request for rehearing on [__/__/____] pursuant to La. R.S. 49:959, which was [granted / denied / deemed denied] on [__/__/____].

18. Petitioner timely filed the Petition for Judicial Review on [__/__/____] within 30 days of [the final decision / the decision on rehearing].

C. Impact of Enforcement

19. Unless stayed, the Decision will result in the following consequences:

[________________________________]
[________________________________]
[________________________________]

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

[________________________________]
[________________________________]

4. LEGAL STANDARD FOR STAY UNDER LOUISIANA LAW

A. Statutory Framework — La. R.S. 49:964(B)

Louisiana's Administrative Procedure Act establishes the following framework for stays of agency decisions pending judicial review:

No Automatic Stay: The filing of a petition for judicial review does not itself stay enforcement of the agency decision. La. R.S. 49:964(B).

Dual Authority to Grant Stays: Either the agency or the reviewing court may grant a stay "upon appropriate terms." La. R.S. 49:964(B).

Ex Parte Authority: The agency or reviewing court may grant a stay "ex parte" — meaning a stay may potentially be granted without a hearing in exigent circumstances, though this is exceptional.

Title 37 Exception: For matters governed by Title 37 (Professions and Occupations), different or additional stay provisions may apply. La. R.S. 49:964(B).

B. Stay Factors

Louisiana courts evaluate stay requests based on the following factors:

1. Likelihood of success on the merits of the judicial review proceeding
2. Irreparable harm to the petitioner absent a stay
3. Balance of hardships between the parties
4. Public interest considerations

C. Duration Limitation

Louisiana law imposes a duration limitation on stays: No judicial order staying or enjoining the effectiveness or enforcement of a final decision or order shall be effective longer than 120 days from the date on which the decision or order was rendered, or the date on which the court enters judgment in the judicial review proceeding, whichever comes first.

D. Scope of Judicial Review

Under La. R.S. 49:964(G), the court may affirm the decision, remand for further proceedings, or reverse or modify the decision if substantial rights have been prejudiced because the findings are:

1. In violation of constitutional or statutory provisions
2. In excess of the statutory authority of the agency
3. Made upon unlawful procedure
4. Affected by other error of law
5. Arbitrary, capricious, or characterized by abuse of discretion
6. Not supported and sustainable by a preponderance of evidence

These review standards inform the "likelihood of success" analysis.

E. Bond and Security

Bond or security may be required as part of the "appropriate terms" of a stay. Louisiana bond requirements must comply with the Code of Civil Procedure Art. 5121 et seq. Security must be furnished in favor of the clerk of the trial court.

5. GROUNDS ANALYSIS (STAY FACTORS)

Factor 1: Likelihood of Success on the Merits

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

☐ Constitutional or Statutory Violation: The agency decision violates:
[________________________________]
[________________________________]

☐ Exceeds Statutory Authority: The agency acted beyond its statutory authority because:
[________________________________]
[________________________________]

☐ Unlawful Procedure: The agency made its decision upon unlawful procedure:
[________________________________]
[________________________________]

☐ Error of Law: The decision is affected by error of law:
[________________________________]
[________________________________]

☐ Arbitrary and Capricious: The decision is arbitrary, capricious, or an abuse of discretion:
[________________________________]
[________________________________]

☐ Insufficient Evidence: The decision is not supported by a preponderance of the evidence:
[________________________________]
[________________________________]

22. The specific errors in the agency decision include:

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

Factor 2: Irreparable Harm

23. 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/business built over [____] years
• [____] employees will lose employment

☐ Reputational Harm:
[________________________________]
[________________________________]

☐ Business Destruction:

• Business closure: [________________________________]
• Loss of contracts/clients: [________________________________]
• Loss of inventory/equipment/lease: [________________________________]

☐ Loss of Property or Unique Rights:
[________________________________]

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

☐ Other Irreparable Harm:
[________________________________]

24. These harms are irreparable because:

☐ Monetary damages cannot adequately compensate
☐ The harm cannot be reversed even if Petitioner prevails
☐ The status quo cannot be restored
☐ Louisiana law provides no remedy for damages caused by wrongful enforcement
☐ Other: [________________________________]

Factor 3: Balance of Hardships

25. The balance of hardships favors Petitioner because:

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

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

c. Net balance favors Petitioner because:
[________________________________]

26. Petitioner is willing to accept conditions:

☐ Posting bond or security in accordance with CCP Art. 5121
☐ Interim compliance measures
☐ Monitoring and reporting
☐ Other: [________________________________]

Factor 4: Public Interest

27. A stay serves the public interest because:

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

☐ Continued operation serves the public:
[________________________________]

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

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

☐ Other: [________________________________]

6. BOND/SECURITY PROVISIONS

A. Louisiana Bond Requirements

28. Under La. R.S. 49:964(B), stays may be granted "upon appropriate terms," which may include the posting of bond or security.

29. Bond or security must comply with Louisiana Code of Civil Procedure Art. 5121 et seq., which provides:

a. Security is furnished in favor of the clerk of the trial court
b. Security must meet the requirements for bonds in judicial proceedings
c. Security becomes available to satisfy any portion of the judgment once the judgment becomes final and has not been satisfied within 30 days

B. Proposed Bond/Security

30. Petitioner proposes the following bond/security:

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

C. Bond Amount Justification

31. 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 given the nature of the agency action
☐ Financial hardship prevents a larger bond: [________________________________]
☐ Other: [________________________________]

D. Proposed Conditions

32. 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. Ex Parte Stay Request

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________]
STATE OF LOUISIANA

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

No.: [________________________________]

EX PARTE MOTION FOR STAY OF ENFORCEMENT

NOW INTO COURT comes Petitioner, who respectfully moves this Court ex parte for a temporary stay of enforcement of the [Agency Name]'s [Decision/Order] dated [__/__/____], and represents:

33. La. R.S. 49:964(B) authorizes the court to order a stay "upon appropriate terms," and ex parte stays may be granted in exigent circumstances.

34. The agency decision is [currently in effect / will take effect on [__/__/____]].

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

36. Emergency relief is required because:

☐ There is insufficient time to provide notice and obtain a hearing before the decision takes effect
☐ The harm will be irreversible if enforcement occurs before a hearing can be held
☐ Petitioner has attempted to contact the agency: [________________________________]

37. Petitioner will accept appropriate conditions, including:
    ☐ Posting bond in the amount of $[________________________________]
    ☐ Other conditions: [________________________________]

38. Petitioner requests the Court set a contradictory hearing on the stay within [____] days.

B. Temporary Restraining Order Alternative

39. If an ex parte stay under La. R.S. 49:964(B) is not available, Petitioner may alternatively seek a temporary restraining order under Louisiana Code of Civil Procedure Art. 3601 et seq. by demonstrating:

☐ Irreparable injury, loss, or damage
☐ The TRO is necessary to prevent immediate and irreparable harm
☐ The applicant is entitled to the relief demanded
☐ The applicant will suffer irreparable injury if the TRO is denied

C. 120-Day Duration Limitation

40. Petitioner acknowledges that no judicial order staying or enjoining the effectiveness or enforcement of a final decision shall be effective longer than 120 days from the date the decision was rendered, or the date the court enters judgment, whichever comes first.

41. Petitioner requests that the judicial review proceeding be set on an expedited basis to ensure resolution within the 120-day limitation.

8. OPPOSITION RESPONSE TEMPLATE

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________]
STATE OF LOUISIANA

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

No.: [________________________________]

OPPOSITION TO MOTION FOR STAY OF ENFORCEMENT

NOW INTO COURT comes Respondent [Agency Name], through [________________________________], who opposes the Motion for Stay of Enforcement and represents:

I. PETITIONER HAS NOT DEMONSTRATED ENTITLEMENT TO A STAY

A. No Likelihood of Success

1. The agency decision is supported by a preponderance of the evidence:
   [________________________________]

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

B. No Irreparable Harm

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

C. Balance of Hardships Favors Enforcement

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

D. Public Interest Favors Enforcement

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

II. TITLE 37 CONSIDERATIONS (IF APPLICABLE)

6. [If applicable] Under La. R.S. Title 37, the stay provisions of La. R.S. 49:964(B) are limited by:
   [________________________________]

III. BOND REQUIREMENTS

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

☐ Bond of $[________________________________]
☐ Conditions: [________________________________]
☐ Limited stay period within the 120-day maximum

WHEREFORE, Respondent respectfully requests denial of the Motion for Stay.

Dated: [__/__/____]

[________________________________]
Counsel for [Agency Name]

9. PROPOSED ORDERS ON STAY

A. Order Granting Stay

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________]
STATE OF LOUISIANA

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

No.: [________________________________]

ORDER ON MOTION FOR STAY OF ENFORCEMENT

Considering the Motion for Stay of Enforcement filed by Petitioner, the opposition (if any), the supporting materials, and the arguments of counsel;

IT IS ORDERED, ADJUDGED, AND DECREED:

☐ STAY GRANTED. The [Decision/Order] of the [Agency Name] dated [__/__/____] is STAYED [in its entirety / in part as follows: ________________________________] pending judicial review, upon the following terms:

Bond/Security: ☐ No bond required ☐ Bond/security in the amount of $[________________________________] to be posted within [____] days in accordance with CCP Art. 5121 et seq.

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

Duration: This stay shall be effective until [the earlier of final disposition of this judicial review proceeding or 120 days from the date of the agency decision / [__/__/____] / further order of this Court], in compliance with the 120-day limitation.

☐ STAY DENIED. The Motion for Stay is DENIED.

☐ TEMPORARY/EX PARTE STAY. The [Decision/Order] is temporarily stayed pending a contradictory hearing on the Motion for Stay, scheduled for [__/__/____] at [____] [a.m./p.m.], subject to:

Temporary Bond: $[________________________________]
Conditions: [________________________________]

THUS DONE AND SIGNED at [City], Louisiana, this [____] day of [________________________________], [____].

___________________________________
Judge, [________________________________] Judicial District Court

10. APPEAL OF STAY DENIAL

A. Appeal to Louisiana Court of Appeal

If the district court denies the stay:

1. Supervisory Writ: File an application for supervisory writ with the appropriate Louisiana Court of Appeal. Louisiana's writ practice provides an avenue for review of interlocutory orders, including stay denials.

2. Filing Requirements:
   - File application within 30 days of the ruling (check specific circuit court deadlines)
   - Include a copy of the trial court ruling
   - Include all supporting materials filed with the trial court
   - Demonstrate that the trial court abused its discretion in denying the stay

3. Stay Pending Writ Application: Request a stay from the Court of Appeal pending consideration of the writ application.

B. Louisiana Supreme Court

If the Court of Appeal denies the writ:

1. File an application for supervisory writ with the Louisiana Supreme Court.
2. Request a stay pending consideration.

C. Motion for Reconsideration

Before pursuing appellate remedies, consider filing a motion for reconsideration or new trial:

☐ New evidence not previously available
☐ Changed circumstances since the denial
☐ Legal arguments the court did not consider
☐ Modified conditions or increased bond
☐ Additional evidence of irreparable harm

11. DOCUMENT CHECKLIST

Filing the Stay Motion

☐ Motion for Stay of Enforcement Pending Judicial Review
☐ Cover letter to Clerk of Court
☐ Petition for Judicial Review (La. R.S. 49:964(A))
☐ Copy of the agency Decision/Order being challenged
☐ Proof of timely filing of Petition for Judicial Review
☐ Supporting affidavits or declarations (verified)
☐ Supporting exhibits (identified and tabbed)
☐ Proposed Order on Stay
☐ Bond documents (if applicable, per CCP Art. 5121)
☐ Certificate of Service on the Agency
☐ Memorandum in support (if filing separately)
☐ Filing fee

Supporting Documentation

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

Service Requirements

☐ Serve the Agency with all filed documents
☐ Serve all parties to the underlying administrative proceeding
☐ File proof of service with the Court
☐ Comply with Louisiana Code of Civil Procedure service requirements

Timeline Tracking

☐ Date agency decision issued: [__/__/____]
☐ Date agency decision mailed/served: [__/__/____]
☐ Date rehearing requested (if applicable): [__/__/____]
☐ Date rehearing decided (if applicable): [__/__/____]
☐ 30-day deadline for Petition for Judicial Review: [__/__/____]
☐ Date Petition for Judicial Review filed: [__/__/____]
☐ Date Motion for Stay filed: [__/__/____]
☐ 120-day stay limitation deadline: [__/__/____]
☐ Hearing date on stay: [__/__/____]
☐ Bond posting deadline: [__/__/____]

12. PRACTICE TIPS

Louisiana-Specific Considerations

1. No Automatic Stay: Under La. R.S. 49:964(B), filing a petition for judicial review does NOT automatically stay enforcement of the agency decision. A stay must be affirmatively sought and granted.

2. 120-Day Limitation: Louisiana imposes a critical 120-day limitation on stays. No judicial order staying enforcement is effective longer than 120 days from the date the decision was rendered or the date the court enters judgment, whichever comes first. Plan your litigation timeline accordingly.

3. Ex Parte Authority: La. R.S. 49:964(B) explicitly authorizes ex parte stays. In genuine emergencies, consider seeking an ex parte stay from the court, but be prepared for a prompt contradictory hearing.

4. Title 37 Exception: For matters involving professions and occupations (Title 37), the stay provisions of La. R.S. 49:964(B) may be limited or different. Always check the specific professional licensing statute.

5. CCP Art. 5121 Bond Requirements: If bond is required as part of the stay, it must comply with Louisiana Code of Civil Procedure Art. 5121 et seq. Security is furnished in favor of the clerk of court and must meet judicial bond requirements.

6. 30-Day Filing Deadline: The Petition for Judicial Review must be filed within 30 days after mailing of notice of the final decision (or 30 days after the decision on rehearing, if rehearing was requested). This deadline is mandatory.

7. Venue: The petition for judicial review is filed in the district court of the parish in which the agency is located, unless otherwise provided by statute.

8. Preponderance of Evidence Standard: Louisiana uses a "preponderance of evidence" standard (rather than "substantial evidence") for reviewing factual findings. This is a more demanding standard for the agency and may increase the petitioner's likelihood of success.

9. Civil Law Tradition: Louisiana follows the civil law tradition. Legal arguments should reference both statutory authority and relevant Louisiana jurisprudence.

10. Agency Stay First: Consider requesting a stay from the agency before seeking judicial relief. La. R.S. 49:964(B) authorizes the agency to grant stays, and an agency denial can support the argument for judicial intervention.

11. Supervisory Writs for Appeal: If the district court denies the stay, the primary avenue for review is an application for supervisory writs to the Court of Appeal, not a traditional appeal of an interlocutory order.

Common Mistakes to Avoid

• Assuming the petition for judicial review automatically stays enforcement
• Failing to account for the 120-day limitation on stays
• Not checking Title 37 exceptions for professional licensing matters
• Filing bond that does not comply with CCP Art. 5121 requirements
• Missing the 30-day filing deadline for the petition for judicial review
• Not requesting a rehearing before filing for judicial review (where required by agency procedure)
• Failing to request an expedited trial setting given the 120-day limitation
• Not serving all parties with the stay motion

13. SOURCES AND REFERENCES

Louisiana Statutes

• La. R.S. 49:964 — Judicial Review of Adjudication
• La. R.S. 49:964(B) — Stay of Enforcement Pending Judicial Review
• La. R.S. 49:958 — Decisions and Orders
• La. R.S. 49:962 — Hearing Procedures
• La. R.S. 49:955 et seq. — Adjudication Procedures
• La. R.S. 49:978.1 — Judicial Review (APA Overhaul Provisions)
• La. Code of Civil Procedure Art. 5121 et seq. — Bond Requirements
• La. Code of Civil Procedure Art. 3601 et seq. — Injunctions and Restraining Orders

Online Resources

• Louisiana State Legislature: https://www.legis.la.gov/
• Louisiana Supreme Court: https://www.lasc.org/
• Louisiana State Bar Association: https://www.lsba.org/
• Louisiana Courts: https://www.louisiana.gov/government/judicial-branch/

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