Stay of Enforcement Request - Maryland

STAY OF ENFORCEMENT REQUEST — MARYLAND

TABLE OF CONTENTS

1. Stay Request Cover Letter
2. Formal Motion for Stay of Enforcement
3. Statement of Facts
4. Legal Standard for Stay
5. Grounds Analysis (Four-Factor Test)
6. Bond/Security Provisions
7. Emergency Stay Procedures
8. Opposition Response Template
9. Proposed Order
10. Appeal of Stay Denial
11. Document Checklist
12. Practice Tips
13. Sources and References

1. STAY REQUEST COVER LETTER

[__/__/____]

[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]

Re: Request for Stay of Enforcement
Case/Docket No.: [________________________________]
In the Matter of: [________________________________]
Agency Order Dated: [__/__/____]

Dear [________________________________]:

Enclosed please find the Petitioner's Motion for Stay of Enforcement of the [________________________________] [Order/Decision/Final Action] dated [__/__/____] in the above-referenced matter, together with supporting memorandum, affidavit(s), and proposed order.

Petitioner [________________________________] respectfully requests that the [Agency Name] stay enforcement of the above-referenced [Order/Decision] pending [☐ judicial review in the Circuit Court / ☐ reconsideration / ☐ administrative appeal]. This request is made pursuant to Md. Code, State Gov't § 10-222(e) and [________________________________] [applicable agency regulation].

Petitioner requests that this motion be considered [☐ on an expedited basis / ☐ on the regular motion calendar / ☐ on an emergency basis] due to [________________________________].

Respectfully submitted,

[________________________________]
Attorney for Petitioner
Bar No.: [________________________________]
[________________________________]
[Firm Name]
[________________________________]
[Address]
[________________________________]
[Phone / Email]

2. FORMAL MOTION FOR STAY OF ENFORCEMENT

IN THE [________________________________]

[Circuit Court for [________________________________] County / Agency Name]

In the Matter of:

[________________________________]
Petitioner,

v.

[________________________________]
[Agency Name], Respondent.

Case No.: [________________________________]

PETITIONER'S MOTION FOR STAY OF ENFORCEMENT PENDING JUDICIAL REVIEW

NOW COMES Petitioner [________________________________], by and through undersigned counsel, and respectfully moves this [Court/Agency] for an order staying enforcement of the [Order/Decision/Final Action] dated [__/__/____] pending [☐ reconsideration / ☐ judicial review pursuant to Md. Code, State Gov't § 10-222]. In support of this Motion, Petitioner states as follows:

I. INTRODUCTION

1. On [__/__/____], the [Agency Name] issued a [Final Order/Decision/Enforcement Action] in the above-captioned matter ordering [________________________________].

2. Petitioner [☐ filed / ☐ intends to file within the statutory period] a Petition for Judicial Review challenging the [Order/Decision] on [__/__/____] pursuant to Md. Code, State Gov't § 10-222.

3. Absent a stay, the [Order/Decision] will take effect on [__/__/____], causing immediate and irreparable harm to Petitioner as described herein.

4. This Motion is filed pursuant to:
   - ☐ Md. Code, State Gov't § 10-222(e) (stay by final decision maker or court)
   - ☐ Md. Rule 7-205 (stay of enforcement of agency decision)
   - ☐ [________________________________] [Agency-specific regulation authorizing stay]
   - ☐ Inherent equitable power of the court

3. STATEMENT OF FACTS

A. Background of the Proceeding

5. Petitioner is a [________________________________] [individual/entity] located at [________________________________], engaged in [________________________________].

6. On or about [__/__/____], the [Agency Name] initiated [________________________________] [enforcement action/investigation/proceedings] against Petitioner concerning [________________________________].

7. The following proceedings occurred:

B. The Agency Order

8. The [Order/Decision] requires Petitioner to:
   - ☐ [________________________________]
   - ☐ [________________________________]
   - ☐ [________________________________]
   - ☐ Pay a fine/penalty of $[________________________________]

9. The enforcement date is [__/__/____], which is [____] days from the date of this Motion.

C. License Provisions (If Applicable)

10. ☐ This matter involves a license issued to Petitioner by the [Agency Name]. Under Md. Code, State Gov't § 10-226(b), if a licensee makes sufficient application for renewal at least two calendar weeks before expiration, the license does not expire until final agency action and any judicial stay expires.

4. LEGAL STANDARD FOR STAY

A. Statutory Authority — Md. Code, State Gov't § 10-222

11. Under Maryland law, the final decision maker may grant, or the reviewing court may order, a stay of the enforcement of the final decision on terms that the final decision maker or court considers proper. See Md. Code, State Gov't § 10-222(e).

12. This provision establishes a two-track system for obtaining stays:

(a) Agency Stay: The "final decision maker" (typically the agency head or delegee who issued the final order) has discretion to stay enforcement of the decision.

(b) Court Stay: The circuit court reviewing the agency decision may order a stay upon such terms as it considers proper.

13. Filing a Petition for Judicial Review does not automatically stay enforcement of the agency decision in Maryland. The petitioner must affirmatively seek a stay.

B. Maryland Rule 7-205

14. Md. Rule 7-205 governs motions for stay of enforcement of agency decisions in judicial review proceedings:

(a) A party may file a motion in the circuit court requesting a stay of the agency decision pending judicial review.

(b) The motion must state the reasons for the requested stay and the facts relied upon.

(c) If facts are in dispute, they must be supported by affidavit.

C. Four-Factor Test for Stay

15. Maryland courts apply the traditional four-factor test for stays, consistent with the standard articulated in Department of Transportation v. Armacost, 299 Md. 392 (1984) and Fogle v. H & G Restaurant, Inc., 337 Md. 441 (1995):

(1) Likelihood of success on the merits;
(2) Whether the petitioner will suffer irreparable harm absent a stay;
(3) Whether the balance of equities favors the petitioner; and
(4) Whether a stay serves the public interest.

5. GROUNDS ANALYSIS (FOUR-FACTOR TEST)

Factor 1: Likelihood of Success on the Merits

16. Petitioner has a strong likelihood of success on the merits because:

Legal Errors in the Agency Decision:

• ☐ The agency acted unconstitutionally by [________________________________]
• ☐ The agency exceeded its statutory authority under [________________________________]
• ☐ The agency failed to follow required procedures, specifically [________________________________]
• ☐ The decision is not supported by substantial evidence in the record because [________________________________]
• ☐ The decision is arbitrary, capricious, or unreasonable because [________________________________]
• ☐ The agency's action was an abuse of discretion because [________________________________]

Specific Grounds:

(a) [________________________________]
[Detailed argument on first ground for relief]

(b) [________________________________]
[Detailed argument on second ground for relief]

(c) [________________________________]
[Detailed argument on third ground for relief]

17. Under Md. Code, State Gov't § 10-222(h), the court may:
    - ☐ Remand the case for further proceedings
    - ☐ Reverse or modify the decision if any substantial right of the petitioner was prejudiced because the findings, inferences, conclusions, or decisions are:
    - (i) Unconstitutional
    - (ii) In excess of statutory authority or jurisdiction
    - (iii) Made upon unlawful procedure
    - (iv) Affected by other error of law
    - (v) Unsupported by competent, material, and substantial evidence
    - (vi) Arbitrary or capricious

Factor 2: Irreparable Harm

18. Absent a stay, Petitioner will suffer irreparable harm that cannot be remedied through monetary damages or other adequate legal remedy:

• ☐ License Revocation/Suspension: Loss of [________________________________] license effective [__/__/____], preventing Petitioner from [________________________________]
• ☐ Business Closure: Forced cessation of operations at [________________________________], resulting in [________________________________]
• ☐ Financial Devastation: Immediate obligation to pay $[________________________________], which will [________________________________]
• ☐ Reputational Harm: Public disclosure of enforcement action causing irreversible damage to [________________________________]
• ☐ Loss of Employment: Inability to continue employment as [________________________________]
• ☐ Loss of Unique Property/Rights: [________________________________]
• ☐ Other: [________________________________]

19. These harms are irreparable because: [________________________________]

20. The imminence of the harm is demonstrated by: [________________________________]

Factor 3: Balance of Equities

21. The balance of equities tips decidedly in Petitioner's favor:

Harm to Petitioner Without Stay:

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

Harm to Agency/Respondent/Public With Stay:

• ☐ [________________________________]
• ☐ [________________________________]

22. The harm to Petitioner far outweighs any potential harm to the Agency or other parties because: [________________________________]

23. Conditions that would mitigate potential harm during the stay include:
    - ☐ [________________________________]
    - ☐ [________________________________]

Factor 4: Public Interest

24. A stay of enforcement serves the public interest because:

• ☐ The public is served by maintaining the status quo pending full review of the agency action
• ☐ Allowing premature enforcement would undermine confidence in the administrative process
• ☐ The Petitioner provides services to the public, including [________________________________]
• ☐ Enforcement would result in harm to third parties, including [________________________________]
• ☐ Public interest favors careful adjudication on the merits before enforcement of penalties
• ☐ [________________________________]

25. The public interest is not harmed by a stay because: [________________________________]

6. BOND/SECURITY PROVISIONS

A. Bond Offer

26. Maryland law authorizes the court to require a bond to secure a stay. See Md. Code, Cts. & Jud. Proc. § 12-301.1. Petitioner [☐ is prepared to / ☐ requests waiver of requirement to] post a bond or security.

Proposed Bond/Security:

• ☐ Cash bond in the amount of $[________________________________]
• ☐ Surety bond in the amount of $[________________________________]
• ☐ Irrevocable letter of credit in the amount of $[________________________________]
• ☐ Escrow deposit in the amount of $[________________________________]
• ☐ Other security: [________________________________]

B. Bond Amount Considerations

27. Under Maryland law, the court has discretion to:
    - Set the bond amount as it considers proper
    - Reduce the amount of a supersedeas bond
    - Set other conditions for a stay, with or without a bond
    - Modify bond conditions "in the interest of justice and for good cause shown"

28. The proposed bond amount is appropriate because: [________________________________]

C. Request for Waiver or Reduction

29. ☐ Petitioner requests that the bond be waived or reduced because:
    - ☐ The agency action does not involve a monetary obligation
    - ☐ Petitioner is indigent and bond would effectively deny the right to judicial review
    - ☐ Petitioner is a governmental entity
    - ☐ The risk of harm to the opposing party during the stay is minimal
    - ☐ Good cause exists for waiver/reduction: [________________________________]
    - ☐ The interest of justice requires waiver/reduction because: [________________________________]

D. Proposed Conditions

30. Petitioner proposes the following conditions during the stay period:
    - ☐ [________________________________]
    - ☐ [________________________________]
    - ☐ [________________________________]
    - ☐ Petitioner will comply with all other agency requirements not subject to this stay
    - ☐ Petitioner will provide periodic status reports to the [Agency/Court]

7. EMERGENCY STAY PROCEDURES

A. Emergency Motion for Temporary Stay

When Standard Timelines Are Insufficient:

31. If enforcement is imminent and the regular motion schedule does not permit adequate review, Petitioner may seek an emergency temporary stay.

Requirements for Emergency Stay Under Maryland Practice:

• ☐ Show that immediate and irreparable injury will occur before the motion can be heard on the regular calendar
• ☐ Demonstrate good faith effort to notify opposing counsel/agency
• ☐ Explain why the emergency was not foreseeable or could not have been addressed sooner
• ☐ Present sufficient evidence (by affidavit) to support the request
• ☐ Comply with Md. Rule 1-351 (motions in an emergency)

B. Procedure for Emergency Stay

32. Step 1 — Agency Request: Unless impracticable, request an emergency stay from the final decision maker:
    - Contact: [________________________________]
    - Method: [☐ Written motion / ☐ Telephone followed by written confirmation]
    - Date of request: [__/__/____]
    - Agency response: [☐ Granted / ☐ Denied / ☐ No response within [____] hours]

33. Step 2 — Court Emergency Motion: If agency relief is unavailable or denied:
    - File motion in the circuit court where the Petition for Judicial Review is pending
    - Include certification that agency relief was sought and denied/unavailable
    - Request hearing on shortest practicable notice
    - Contact the duty judge or administrative judge as appropriate

34. Step 3 — Ex Parte Relief (Extraordinary Circumstances Only):
    - Available only where notice is not practicable under the circumstances
    - Must demonstrate threatened irreparable injury that will occur before notice can be given
    - Any ex parte stay is temporary and must be followed by a hearing within a reasonable time
    - Comply with Md. Rule 15-504 requirements for temporary restraining orders

C. Emergency Affidavit

35. Petitioner's emergency affidavit must include:
    - ☐ Facts establishing the nature and imminence of irreparable harm
    - ☐ Efforts made to obtain relief from the agency
    - ☐ Reasons why regular motion procedures are insufficient
    - ☐ Good faith certification regarding notice to opposing parties
    - ☐ Specific facts, supported by exhibits where available

8. OPPOSITION RESPONSE TEMPLATE

AGENCY'S/RESPONDENT'S OPPOSITION TO MOTION FOR STAY

NOW COMES the [Agency Name/Respondent], and opposes Petitioner's Motion for Stay of Enforcement as follows:

I. STATEMENT OF THE CASE

36. [________________________________]

II. ARGUMENT

A. Petitioner Has Not Demonstrated a Likelihood of Success on the Merits

37. [________________________________]

B. Petitioner Will Not Suffer Irreparable Harm

38. [________________________________]

C. The Balance of Equities Favors the Agency

39. [________________________________]

D. The Public Interest Requires Enforcement

40. [________________________________]

III. ALTERNATIVE CONDITIONS

41. In the event the [Court/Agency] is inclined to grant a stay, the Agency requests the following conditions:
    - ☐ Bond in the amount of $[________________________________]
    - ☐ [________________________________]
    - ☐ Time limitation of [________________________________]
    - ☐ [________________________________]

IV. CONCLUSION

42. For the foregoing reasons, Petitioner's Motion for Stay should be denied.

Respectfully submitted,

[________________________________]
Counsel for [Agency/Respondent]
Bar No.: [________________________________]
Date: [__/__/____]

9. PROPOSED ORDER

IN THE CIRCUIT COURT FOR [________________________________] COUNTY

STATE OF MARYLAND

In the Matter of:

[________________________________], Petitioner

v.

[________________________________], Respondent

Case No.: [________________________________]

ORDER ON PETITIONER'S MOTION FOR STAY OF ENFORCEMENT

Upon consideration of Petitioner's Motion for Stay of Enforcement, the supporting memorandum, affidavit(s), and [☐ the Agency's opposition / ☐ without opposition], it is hereby:

ORDERED that:

☐ STAY GRANTED. Enforcement of the [Order/Decision] dated [__/__/____] is stayed pending [☐ the conclusion of judicial review proceedings / ☐ reconsideration / ☐ further order of this Court], subject to the following conditions:

(a) [________________________________]
(b) [________________________________]
(c) Petitioner shall post a bond in the amount of $[________________________________] within [____] days of this Order.
(d) This stay shall remain in effect until [__/__/____] or until further order of this Court, whichever occurs first.
(e) [________________________________]

☐ STAY DENIED. Petitioner's Motion for Stay is denied for the following reason(s):
[________________________________]

☐ STAY GRANTED IN PART. [________________________________]

Date: [__/__/____]

___________________________________
Judge, Circuit Court for [________________________________] County

10. APPEAL OF STAY DENIAL

A. Agency Denial — Seeking Court Relief

43. If the final decision maker denies the stay request, Petitioner may seek a stay from the circuit court under Md. Code, State Gov't § 10-222(e). The motion to the court must include:

• ☐ Copy of the Petition for Judicial Review
• ☐ Copy of the stay request submitted to the agency
• ☐ Copy of the agency's denial (or evidence of failure to act)
• ☐ Statement of reasons the agency gave for denial
• ☐ Renewed argument on the four-factor test
• ☐ Supporting affidavits

B. Circuit Court Denial — Appellate Relief

44. If the circuit court denies the stay, Petitioner may seek relief by:

• ☐ Filing a motion for reconsideration with the circuit court
• ☐ Filing a motion for stay in the Court of Special Appeals under Md. Rule 8-425
• ☐ Seeking leave to appeal the stay denial as a collateral order
• ☐ In extraordinary circumstances, filing a petition for certiorari with the Court of Appeals

C. Timing Considerations

45. Key deadlines for Maryland administrative appeals:

11. DOCUMENT CHECKLIST

Required Documents for Stay Request

For Agency-Level Stay:

• ☐ Motion for Stay of Enforcement
• ☐ Memorandum in support of stay
• ☐ Affidavit(s) in support (establishing irreparable harm and supporting facts)
• ☐ Copy of the agency Order/Decision at issue
• ☐ Proposed Order
• ☐ Certificate of service on all parties
• ☐ Copy of petition for judicial review (if filed)

For Court-Level Stay (Circuit Court):

• ☐ Motion for Stay of Enforcement (Md. Rule 7-205)
• ☐ Memorandum of law in support
• ☐ Affidavit(s) in support
• ☐ Copy of Petition for Judicial Review (State Gov't § 10-222)
• ☐ Copy of agency stay request and denial (if applicable)
• ☐ Copy of the administrative record (if available)
• ☐ Copy of the agency Order/Decision at issue
• ☐ Proposed Order granting stay
• ☐ Bond or proposed bond/security (if applicable)
• ☐ Certificate of service on all parties and the Attorney General
• ☐ Filing fee

For Emergency Stay:

• ☐ All documents listed above, plus:
• ☐ Emergency affidavit establishing imminence of harm
• ☐ Certification of efforts to provide notice to opposing parties
• ☐ Certification of efforts to obtain relief from the agency
• ☐ Request for expedited hearing
• ☐ Compliance with Md. Rule 1-351 (emergency motions)

12. PRACTICE TIPS

Maryland-Specific Considerations

Timing Strategy:

• File the stay request with the agency immediately upon receiving the adverse decision
• The Petition for Judicial Review must be filed within 30 days of notice of the final agency decision under State Gov't § 10-222(a)
• Consider filing the agency stay request and the Petition for Judicial Review simultaneously

Agency-Level Considerations:

• The "final decision maker" under § 10-222 is typically the agency head or board that issued the final order
• Many Maryland agencies (including the Maryland Insurance Administration, Department of the Environment, and Public Service Commission) have their own procedural regulations
• Check COMAR (Code of Maryland Regulations) for agency-specific stay procedures

Court-Level Strategy:

• The Petition for Judicial Review is filed in the circuit court for the county where the petitioner resides, conducts business, or where the agency maintains its principal office
• Under Md. Rule 7-206, the agency must transmit the administrative record within 60 days
• Maryland courts review agency findings under the substantial evidence standard
• Affidavits supporting irreparable harm should be detailed, specific, and supported by documentary evidence

License Cases — Special Provisions:

• Md. Code, State Gov't § 10-226 provides special protections for licensees
• If a licensee applies for renewal at least 2 weeks before expiration, the license does not expire until final agency action and any judicial stay expires
• This provision can provide important interim protection for license holders

Bond Considerations:

• Maryland courts have broad discretion to set bond conditions
• Under Md. Code, Cts. & Jud. Proc. § 12-301.1, courts can reduce supersedeas bond amounts or set other conditions "in the interest of justice and for good cause shown"
• If the case involves a monetary penalty, expect the agency to request a bond
• Argue for reduced or waived bond if petitioner can demonstrate financial hardship

Common Pitfalls:

• Failure to file the Petition for Judicial Review within 30 days
• Failure to exhaust administrative remedies before seeking judicial review
• Filing in the wrong circuit court
• Inadequate affidavit support for irreparable harm
• Failure to serve the Attorney General in cases involving state agencies
• Not checking agency-specific COMAR provisions for stay procedures

Office of Administrative Hearings (OAH):

• Many Maryland contested cases are initially heard by the OAH under State Gov't § 10-205
• Stay requests during OAH proceedings are governed by COMAR 28.02.01
• After OAH issues a proposed decision, the agency head makes the final decision — stay requests should be directed to the final decision maker

13. SOURCES AND REFERENCES

Statutes

• Md. Code, State Gov't § 10-222 — Judicial Review of Contested Cases
• Md. Code, State Gov't § 10-222(e) — Stay Provisions
• Md. Code, State Gov't § 10-226 — Licenses: Special Provisions
• Md. Code, State Gov't §§ 10-201 to 10-226 — Administrative Procedure Act (Contested Cases)
• Md. Code, Cts. & Jud. Proc. § 12-301.1 — Supersedeas Bond

Court Rules

• Md. Rule 7-205 — Stay of Enforcement of Agency Decision
• Md. Rule 7-206 — Record
• Md. Rule 7-207 — Memoranda
• Md. Rule 8-425 — Stay of Enforcement of Judgment Pending Appeal
• Md. Rule 1-351 — Motions in an Emergency
• Md. Rule 15-504 — Temporary Restraining Orders

Key Cases

• Department of Transportation v. Armacost, 299 Md. 392 (1984) — Standards for injunctive relief
• Fogle v. H & G Restaurant, Inc., 337 Md. 441 (1995) — Stay and injunction factors
• Maryland Aviation Admin. v. Noland, 386 Md. 556 (2005) — Judicial review of agency decisions

Practice Resources

• Maryland Administrative Law (MICPEL)
• COMAR (Code of Maryland Regulations) — Agency-specific procedural rules
• Maryland People's Law Library — Administrative Appeals Guide
• Maryland State Bar Association, Administrative Law Section

This template is for informational purposes only and does not constitute legal advice. Maryland administrative law procedures vary significantly by agency and subject matter. Consult a qualified Maryland attorney before filing any stay request. Last updated: 2026-03-08.