Stay of Enforcement Request - Maine

STAY OF ENFORCEMENT REQUEST — MAINE

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 (Three-Factor/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 Superior Court / ☐ reconsideration / ☐ administrative appeal]. This request is made pursuant to 5 M.R.S.A. § 11004 and [________________________________] [applicable agency regulation].

As required by 5 M.R.S.A. § 11004, Petitioner is first requesting a stay from the agency before seeking court intervention. Petitioner requests that this motion be considered [☐ on an expedited basis / ☐ on the regular 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

STATE OF MAINE

[AGENCY NAME / SUPERIOR COURT, [________________________________] COUNTY]

In the Matter of:

[________________________________]
Petitioner,

v.

[________________________________]
[Agency Name], Respondent.

Docket No.: [________________________________]

PETITIONER'S MOTION FOR STAY OF ENFORCEMENT PENDING JUDICIAL REVIEW

NOW COMES Petitioner [________________________________], by and through undersigned counsel, and respectfully moves this [Agency/Honorable Court] for an order staying enforcement of the [Order/Decision/Final Action] dated [__/__/____] pending [☐ reconsideration / ☐ judicial review pursuant to 5 M.R.S.A. § 11001 / ☐ Rule 80C review]. 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 [☐ has filed / ☐ intends to file within the statutory period] a [☐ petition for judicial review under 5 M.R.S.A. § 11001 / ☐ complaint for review under M.R. Civ. P. 80C] challenging the [Order/Decision] on [__/__/____].

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:
   - ☐ 5 M.R.S.A. § 11004 (agency and court authority to stay enforcement)
   - ☐ [________________________________] [Agency-specific regulation authorizing stay]
   - ☐ M.R. Civ. P. 80C (Superior Court review of governmental action)
   - ☐ Inherent equitable power of the court

5. ☐ This request is directed to the agency as required under 5 M.R.S.A. § 11004 (application must ordinarily be made first to the agency).
   ☐ This request is directed to the Superior Court because: [☐ agency application is not practicable / ☐ the agency denied the stay request / ☐ the agency's action did not afford the relief requested].

3. STATEMENT OF FACTS

A. Background of the Proceeding

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

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

8. The following proceedings occurred:

B. The Agency Order

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

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

C. Compliance Efforts and Current Status

11. Since the issuance of the [Order/Decision], Petitioner has:
    - ☐ [________________________________]
    - ☐ [________________________________]
    - ☐ [________________________________]

4. LEGAL STANDARD FOR STAY

A. Statutory Authority — 5 M.R.S.A. § 11004

12. Under Maine's Administrative Procedure Act, "the filing of a petition for review shall not operate as a stay of the final agency action pending judicial review." 5 M.R.S.A. § 11004.

13. The statute establishes a mandatory two-step process for obtaining stays:

Step 1 — Agency Stay (Primary Remedy):
Application for a stay "shall ordinarily be made first to the agency." The agency may issue a stay upon a showing of:

(a) Irreparable injury to the petitioner;
(b) A strong likelihood of success on the merits; and
(c) No substantial harm to adverse parties or the general public.

Step 2 — Court Stay (Secondary Remedy):
A motion for stay relief may be made to the Superior Court, but only if the motion shows:

(a) Application to the agency is not practicable; or
(b) Application has been made to the agency and denied, with the reasons given for denial; or
(c) The action of the agency did not afford the relief that the petitioner had requested.

14. The court motion must also show "the reasons for the relief requested and the facts relied upon, which facts, if subject to dispute, shall be supported by affidavits." 5 M.R.S.A. § 11004.

15. Reasonable notice of the motion must be given to all parties to the agency proceeding.

B. Maine's Three-Factor Test (Agency Level)

16. Maine's statutory standard for an agency-level stay requires proof of all three factors:

(1) Irreparable injury to the petitioner;
(2) Strong likelihood of success on the merits; and
(3) No substantial harm to adverse parties or the general public.

17. This is a conjunctive test — all three factors must be satisfied for the agency to grant a stay.

C. Court-Level Standard

18. When the stay request reaches the Superior Court, courts apply the statutory factors from § 11004 supplemented by equitable principles, including the traditional four-factor framework:

(1) Likelihood of success on the merits;
(2) Irreparable injury absent a stay;
(3) Balance of hardships; and
(4) Public interest.

D. Bond/Security Authority

19. Under 5 M.R.S.A. § 11004, the court may condition relief on the posting of a bond or other security. However, the State, state agencies, and their officials are exempt from this requirement.

5. GROUNDS ANALYSIS (THREE-FACTOR/FOUR-FACTOR TEST)

Factor 1: Likelihood of Success on the Merits / Strong Likelihood of Success

20. Petitioner has a [☐ strong likelihood / ☐ likelihood] of success on the merits because:

Legal Errors in the Agency Decision:

• ☐ The agency acted in excess of its statutory authority under [________________________________]
• ☐ The agency's decision was made upon unlawful procedure, specifically [________________________________]
• ☐ The decision is affected by an error of law because [________________________________]
• ☐ The decision is not supported by substantial evidence in the record because [________________________________]
• ☐ The decision is arbitrary or capricious because [________________________________]
• ☐ The agency abused its 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]

21. Under 5 M.R.S.A. § 11007, the Superior Court may reverse or modify the agency decision if the petitioner's substantial rights have been prejudiced because the agency's findings, conclusions, or decisions are:
    - ☐ In violation of constitutional or statutory provisions
    - ☐ In excess of statutory authority of the agency
    - ☐ Made upon unlawful procedure
    - ☐ Affected by bias or error of law
    - ☐ Unsupported by substantial evidence in the record
    - ☐ Arbitrary, capricious, or characterized by abuse of discretion

Note for Agency-Level Stay: The agency standard requires a "strong" likelihood of success on the merits — a higher bar than the "likelihood" standard used in some other jurisdictions. Petitioner should provide detailed legal analysis demonstrating clear errors in the agency's decision.

Factor 2: Irreparable Injury

22. Absent a stay, Petitioner will suffer irreparable injury 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 [________________________________]
• ☐ Environmental/Property Harm: [________________________________]
• ☐ Loss of Employment: Inability to continue employment as [________________________________]
• ☐ Other: [________________________________]

23. These harms constitute irreparable injury because: [________________________________]

24. The imminence of the injury is demonstrated by: [________________________________]

Factor 3: No Substantial Harm to Adverse Parties or the General Public

25. Granting a stay will not cause substantial harm to adverse parties or the general public because:

Impact on Adverse Parties:

• ☐ No third parties will be harmed by the stay because [________________________________]
• ☐ Any potential harm to third parties can be mitigated by [________________________________]
• ☐ The interests of adverse parties are adequately protected by [________________________________]

Impact on the General Public:

• ☐ There is no immediate public safety concern because [________________________________]
• ☐ The public interest is served by maintaining the status quo pending review because [________________________________]
• ☐ Any risk to public welfare can be addressed through conditions on the stay, such as [________________________________]

26. The absence of substantial harm to others is demonstrated by: [________________________________]

Factor 4: Balance of Hardships (Court-Level Analysis)

27. The balance of hardships tips in Petitioner's favor:

Harm to Petitioner Without Stay:

• ☐ [________________________________]
• ☐ [________________________________]

Harm to Agency/Others With Stay:

• ☐ [________________________________]
• ☐ [________________________________]

28. Conditions that would mitigate any potential harm include:
    - ☐ [________________________________]
    - ☐ [________________________________]

Factor 5: Public Interest (Court-Level Analysis)

29. A stay serves the public interest because:
    - ☐ The public benefits from careful judicial review before enforcement of contested agency actions
    - ☐ Petitioner provides services to the public, including [________________________________]
    - ☐ Enforcement would harm public welfare by [________________________________]
    - ☐ [________________________________]

6. BOND/SECURITY PROVISIONS

A. Statutory Authority

30. Under 5 M.R.S.A. § 11004, the Superior Court may condition stay relief upon the posting of a bond or other security. The State, state agencies, and their officials are exempt from bond requirements.

B. Bond Offer

31. 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: [________________________________]

C. Basis for Bond Amount

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

D. Request for Waiver or Reduction

33. ☐ Petitioner requests that no bond be required because:
    - ☐ The agency action does not involve a monetary judgment
    - ☐ Under M.R. Civ. P. 62(e), no supersedeas bond is required as a condition of a stay pending appeal in Maine
    - ☐ Petitioner is a governmental entity or official (exempt under § 11004)
    - ☐ Bond would effectively deny Petitioner's right to judicial review due to financial hardship
    - ☐ The risk of harm to the opposing party during the stay is minimal
    - ☐ [________________________________]

E. Proposed Conditions

34. 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:

35. 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 Maine 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

B. Procedure for Emergency Stay

36. Step 1 — Agency Request: Under 5 M.R.S.A. § 11004, application must ordinarily be made first to the agency:
    - Contact: [________________________________]
    - Method: [☐ Written motion / ☐ Telephone followed by written confirmation]
    - Date of request: [__/__/____]
    - Agency response: [☐ Granted / ☐ Denied / ☐ No response within [____] hours]
    - Reasons given for denial (if applicable): [________________________________]

37. Step 2 — Superior Court Emergency Motion: If agency relief is unavailable or denied:
    - File motion in the Superior Court where judicial review is pending or will be filed
    - The motion must demonstrate that agency application is "not practicable" or was denied
    - Include the agency's reasons for denial
    - Request hearing on shortest practicable notice
    - Support all disputed facts with affidavits

38. Step 3 — Temporary Restraining Order (Extraordinary Circumstances):
    - If the stay process is insufficient, Petitioner may seek a TRO under M.R. Civ. P. 65(b)
    - Must demonstrate why notice to the agency is not practicable
    - Any TRO expires within the time set by the court (typically 14 days)
    - A hearing on a preliminary injunction/stay must follow promptly

C. Emergency Affidavit

39. Petitioner's emergency affidavit must include:
    - ☐ Facts establishing the nature and imminence of irreparable injury
    - ☐ Efforts made to obtain relief from the agency
    - ☐ Reasons why application to the agency is not practicable (if applicable)
    - ☐ Agency's reasons for denial (if applicable)
    - ☐ Good faith certification regarding notice to all parties
    - ☐ Supporting documentary evidence

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

40. [________________________________]

II. ARGUMENT

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

41. [________________________________]

B. Petitioner Will Not Suffer Irreparable Injury

42. [________________________________]

C. A Stay Would Cause Substantial Harm to Adverse Parties or the Public

43. [________________________________]

D. The Balance of Hardships Favors the Agency (Court-Level)

44. [________________________________]

III. ALTERNATIVE CONDITIONS

45. 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

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

Respectfully submitted,

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

9. PROPOSED ORDER

STATE OF MAINE

SUPERIOR COURT

[________________________________] COUNTY

In the Matter of:

[________________________________], Petitioner

v.

[________________________________], Respondent

Docket No.: [________________________________]

ORDER ON PETITIONER'S MOTION FOR STAY OF ENFORCEMENT

Upon consideration of Petitioner's Motion for Stay of Enforcement filed pursuant to 5 M.R.S.A. § 11004, 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: [__/__/____]

___________________________________
Justice, Superior Court

10. APPEAL OF STAY DENIAL

A. Agency Denial — Seeking Court Relief

47. If the agency denies the stay, 5 M.R.S.A. § 11004 expressly authorizes seeking relief from the Superior Court. The court motion must include:

• ☐ Copy of the petition for judicial review (if filed)
• ☐ Copy of the stay request submitted to the agency
• ☐ Copy of the agency's denial with reasons given
• ☐ Statement of the reasons for relief requested
• ☐ Facts relied upon, supported by affidavits for disputed facts
• ☐ Proof that reasonable notice was given to all parties

B. Superior Court Denial — Appellate Relief

48. If the Superior Court denies the stay, Petitioner may seek relief by:

• ☐ Filing a motion for reconsideration with the Superior Court
• ☐ Seeking interlocutory appellate review from the Maine Supreme Judicial Court (Law Court)
• ☐ Filing a petition for extraordinary relief with the Law Court under M.R. App. P. 21
• ☐ Filing a motion for stay with the Law Court pending appeal of the merits

C. Timing Considerations

49. Key deadlines for Maine administrative appeals:

11. DOCUMENT CHECKLIST

Required Documents for Stay Request

For Agency-Level Stay:

• ☐ Motion for Stay of Enforcement
• ☐ Memorandum in support (demonstrating irreparable injury, strong likelihood of success, no substantial harm)
• ☐ Affidavit(s) in support
• ☐ Copy of the agency Order/Decision at issue
• ☐ Proposed Order
• ☐ Certificate of service on all parties

For Court-Level Stay (Superior Court):

• ☐ Motion for Stay of Enforcement (citing 5 M.R.S.A. § 11004)
• ☐ Certification that agency stay was sought and denied (or impracticable)
• ☐ Copy of agency denial with reasons (if applicable)
• ☐ Memorandum of law in support
• ☐ Affidavit(s) in support (required for disputed facts)
• ☐ Copy of petition for judicial review or Rule 80C complaint
• ☐ 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 to the agency proceeding
• ☐ Proof of reasonable notice to all parties

For Emergency Stay:

• ☐ All documents listed above, plus:
• ☐ Emergency affidavit establishing imminence of injury
• ☐ Certification of efforts to provide notice to opposing parties
• ☐ Certification of efforts to obtain relief from the agency (or why impracticable)
• ☐ Request for expedited hearing

12. PRACTICE TIPS

Maine-Specific Considerations

Exhaustion Requirement:

• Maine's 5 M.R.S.A. § 11004 requires that a stay request "shall ordinarily be made first to the agency" — this is a critical requirement
• Always request a stay from the agency before filing in court unless you can demonstrate impracticability
• If the agency denies the stay, be sure to document the reasons given — you must present them to the court
• Even if the agency stay seems unlikely, filing the request preserves the right to go to court

Higher Standard for Agency Stays:

• The statutory standard requires "strong likelihood of success on the merits" — this is higher than the "likelihood" or "serious question" standard used in some other jurisdictions
• At the agency level, the test is conjunctive: all three factors (irreparable injury, strong likelihood of success, no substantial harm) must be met
• Prepare strong briefing on the merits at the agency level — do not treat it as a formality

Rule 80C Review:

• Many agency actions in Maine are reviewed under M.R. Civ. P. 80C rather than or in addition to the APA provisions
• Rule 80C applies to review of "governmental action" broadly, including actions not covered by the APA
• Check whether the specific agency's enabling statute provides for review under 80C, the APA, or both
• The 30-day filing deadline applies under both tracks

No Bond Requirement for Appeals:

• Under M.R. Civ. P. 62(e), "the taking of an appeal from a judgment shall operate as a stay of execution upon the judgment during the pendency of the appeal, and no supersedeas bond or other security shall be required as a condition of such stay"
• However, this rule applies to judicial judgments, not necessarily to administrative orders
• The court has discretion to require a bond as a condition of staying an agency order under § 11004
• State agencies and officials are exempt from bond requirements under the statute

Affidavit Requirements:

• Under § 11004, facts "if subject to dispute, shall be supported by affidavits"
• Always include supporting affidavits with the court motion even if you believe the facts are undisputed
• Affidavits should be specific, detailed, and based on personal knowledge
• Consider attaching documentary exhibits to affidavits

Department of Environmental Protection (DEP) Cases:

• The Board of Environmental Protection hears appeals from DEP licensing decisions
• Stay procedures may follow specific DEP rules in addition to the APA
• Environmental cases often involve heightened public interest considerations

Common Pitfalls:

• Failure to seek agency stay before filing in court (exhaustion requirement)
• Not documenting the agency's reasons for denial
• Filing the stay request after the enforcement date has passed
• Inadequate affidavit support for disputed facts
• Missing the 30-day deadline for filing a petition for judicial review
• Confusing the Rule 80C track with the APA judicial review track

13. SOURCES AND REFERENCES

Statutes

• 5 M.R.S.A. § 11004 — Stay of Enforcement Pending Judicial Review
• 5 M.R.S.A. §§ 11001-11008 — Maine APA, Judicial Review Provisions
• 5 M.R.S.A. § 8058 — Stay of Rules Pending Review
• 5 M.R.S.A. §§ 8001 et seq. — Maine Administrative Procedure Act

Court Rules

• M.R. Civ. P. 80C — Review of Governmental Action
• M.R. Civ. P. 62 — Stay of Proceedings to Enforce a Judgment
• M.R. Civ. P. 65 — Injunctions (TRO/Preliminary Injunction)
• M.R. App. P. 2B — Appeal as of Right — When Taken
• M.R. App. P. 21 — Extraordinary Writs

Key Cases

• Friends of Lincoln Lakes v. Department of Environmental Protection, 2010 ME 18 — Judicial review of agency decisions
• Concerned Citizens of Brunswick v. Department of Environmental Protection, 2015 ME 12 — Stay analysis in environmental matters
• Maine Human Rights Commission v. City of Auburn, 408 A.2d 1253 (Me. 1979) — Standard of judicial review

Practice Resources

• Maine Administrative Procedure Act (5 M.R.S.A. c. 375)
• Maine State Bar Association, Administrative Law Section
• Maine Superior Court Civil Action Deskbook

This template is for informational purposes only and does not constitute legal advice. Maine administrative law procedures vary by agency and subject matter. The exhaustion requirement under 5 M.R.S.A. § 11004 is strictly enforced. Consult a qualified Maine attorney before filing any stay request. Last updated: 2026-03-08.