Stay of Enforcement Request - Michigan

STAY OF ENFORCEMENT REQUEST — MICHIGAN

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 / ☐ appeal to the Court of Appeals / ☐ reconsideration]. This request is made pursuant to the Michigan Administrative Procedures Act, MCL 24.301 et seq., 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
P No.: [________________________________]
[________________________________]
[Firm Name]
[________________________________]
[Address]
[________________________________]
[Phone / Email]

2. FORMAL MOTION FOR STAY OF ENFORCEMENT

STATE OF MICHIGAN

IN THE [CIRCUIT COURT FOR THE COUNTY OF [________________________________] / [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 MCL 24.301 / ☐ appeal to the Court of Appeals]. 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 review under MCL 24.304 in the Circuit Court / ☐ claim of appeal to the Court of Appeals / ☐ application for leave to appeal] 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:
   - ☐ MCL 24.304 (stay of agency order pending judicial review)
   - ☐ MCR 7.209 (stay of proceedings in circuit court appeal)
   - ☐ MCR 7.108 (stay of enforcement pending Court of Appeals review)
   - ☐ [________________________________] [Agency-specific rule 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. Compliance Efforts and Current Status

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

4. LEGAL STANDARD FOR STAY

A. Statutory Authority — Michigan Administrative Procedures Act

11. Under the Michigan Administrative Procedures Act (APA), MCL 24.301 et seq., judicial review of a contested case is by petition filed in the circuit court. MCL 24.304 addresses stay provisions in connection with judicial review.

12. The filing of a petition for judicial review does not automatically stay enforcement of the agency order in Michigan. The petitioner must affirmatively request a stay from the agency or the reviewing court.

13. Under the Michigan APA:

(a) Agency Stay: The agency may stay enforcement of its own order pending judicial review.

(b) Court Stay: The reviewing court may order a stay of enforcement upon appropriate terms and conditions.

B. Circuit Court Review — MCR 7.105 / MCR 7.209

14. When an agency appeal is filed in the circuit court:

(a) Under MCR 7.209, the circuit court may grant a stay of proceedings or stay the effect or enforcement of any judgment or order of the agency on terms the court deems just.

(b) A motion for stay must first be made in the agency or lower tribunal unless it is impracticable to do so.

C. Four-Factor Test for Stay

15. Michigan courts apply the traditional four-factor test for stays of agency enforcement actions, consistent with the standard set forth in Michigan Coalition of State Employee Unions v. Civil Service Commission, 465 Mich. 212 (2001) and analogous to the federal standard:

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

D. Venue for Judicial Review

16. Under MCL 24.304, appeals from agency decisions governed by the APA "shall be filed in the circuit court for the county where petitioner resides or has his or her principal place of business in this state, or in the circuit court for Ingham County."

5. GROUNDS ANALYSIS (FOUR-FACTOR TEST)

Factor 1: Likelihood of Success on the Merits

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

Legal Errors in the Agency Decision:

• ☐ The decision violates constitutional provisions because [________________________________]
• ☐ The agency exceeded its statutory authority under [________________________________]
• ☐ The decision was made upon unlawful procedure, specifically [________________________________]
• ☐ The decision is not supported by competent, material, and substantial evidence on the whole record because [________________________________]
• ☐ The decision is arbitrary, capricious, or clearly an abuse of discretion because [________________________________]
• ☐ The decision is affected by other substantial and material error of law 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]

18. Under MCL 24.306, the court shall hold unlawful and set aside a decision or order of an agency if substantial rights of the petitioner have been prejudiced because the decision or order is:
    - ☐ In violation of the constitution or a statute
    - ☐ In excess of the statutory authority or jurisdiction of the agency
    - ☐ Made upon unlawful procedure resulting in material prejudice
    - ☐ Not supported by competent, material and substantial evidence on the whole record
    - ☐ Arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion
    - ☐ Affected by other substantial and material error of law

Factor 2: Irreparable Harm

19. 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: [________________________________]

20. These harms are irreparable because: [________________________________]

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

Factor 3: Balance of Hardships

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

Harm to Petitioner Without Stay:

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

Harm to Agency/Respondent/Public With Stay:

• ☐ [________________________________]
• ☐ [________________________________]

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

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

Factor 4: Public Interest

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

• ☐ The public is served by maintaining the status quo pending full judicial review
• ☐ 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
• ☐ [________________________________]

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

6. BOND/SECURITY PROVISIONS

A. Michigan Bond Requirements

27. Under Michigan law, a party seeking a stay of a money judgment pending appeal must generally post a bond. MCR 7.209(E) provides:

(a) The bond amount must be not less than 1-1/4 times (125%) the amount of the judgment or order, including costs, interest, attorney fees, and sanctions.

(b) The bond shall not exceed $25,000,000 regardless of the judgment amount.

(c) Filing the bond automatically stays the judgment pending entry of a final order.

B. Bond Offer

28. Petitioner [☐ is prepared to / ☐ requests waiver of requirement to] post a bond or security.

Proposed Bond/Security:

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

C. Court Discretion on Bond

29. The Michigan court has discretion to:
    - Amend the amount of the bond
    - Order an additional or different bond
    - Require different or additional sureties
    - Grant a stay with or without bond, or with a reduced bond, as justice requires
    - Order other forms of security, including irrevocable letters of credit

D. Request for Waiver or Reduction

30. ☐ Petitioner requests that the bond be waived or reduced because:
    - ☐ The agency action does not involve a money judgment
    - ☐ The 125% bond requirement would be excessive given the nature of the enforcement action
    - ☐ 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
    - ☐ Justice requires a reduced bond because: [________________________________]

E. Bond for Non-Monetary Orders

31. Where the agency order does not involve a money judgment (e.g., license revocation, cease-and-desist order), Petitioner requests a stay:
    - ☐ Without bond
    - ☐ With a nominal bond of $[________________________________]
    - ☐ Subject to compliance conditions in lieu of bond: [________________________________]

F. Proposed Conditions

32. 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:

33. 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 Michigan Practice:

• ☐ Show that immediate and irreparable injury will occur before the motion can be heard
• ☐ 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 or verified pleading) to support the request
• ☐ Comply with MCR 2.119(F) (motion procedures) and any local administrative orders

B. Procedure for Emergency Stay

34. Step 1 — Agency Request: Request a stay from the agency first unless impracticable:
    - Contact: [________________________________]
    - Method: [☐ Written motion / ☐ Telephone followed by written confirmation]
    - Date of request: [__/__/____]
    - Agency response: [☐ Granted / ☐ Denied / ☐ No response within [____] hours]

35. Step 2 — Circuit Court Emergency Motion: If agency relief is unavailable or denied:
    - File motion in the circuit court where the petition for review is pending
    - Include certification that agency relief was sought and denied/unavailable
    - Request hearing on shortest practicable notice
    - Contact the chief judge or duty judge for emergency scheduling

36. Step 3 — Ex Parte Relief (Extraordinary Circumstances Only):
    - Available under MCR 3.310 (temporary restraining orders) when notice is not practicable
    - Must demonstrate threatened irreparable injury before notice can be given
    - Any ex parte order expires within 14 days unless extended for good cause
    - A hearing must be scheduled promptly

C. Emergency Affidavit

37. 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 factual basis, supported by exhibits

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

38. [________________________________]

II. ARGUMENT

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

39. [________________________________]

B. Petitioner Will Not Suffer Irreparable Harm

40. [________________________________]

C. The Balance of Hardships Favors the Agency

41. [________________________________]

D. The Public Interest Requires Enforcement

42. [________________________________]

III. BOND REQUIREMENTS

43. If the Court is inclined to grant a stay, the Agency requests:
    - ☐ Bond of not less than 125% of any monetary penalty: $[________________________________]
    - ☐ Additional security to protect the public interest
    - ☐ [________________________________]

IV. ALTERNATIVE CONDITIONS

44. In the event the Court grants a stay, the Agency requests the following conditions:
    - ☐ [________________________________]
    - ☐ Time limitation of [________________________________]
    - ☐ [________________________________]

V. CONCLUSION

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

Respectfully submitted,

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

9. PROPOSED ORDER

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

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], this Court finds:

☐ Petitioner has demonstrated a likelihood of success on the merits.
☐ Petitioner will suffer irreparable harm absent a stay.
☐ The balance of hardships favors Petitioner.
☐ A stay serves the public interest.

IT IS HEREBY ORDERED that:

☐ STAY GRANTED. Enforcement of the [Order/Decision] dated [__/__/____] is stayed pending [☐ the conclusion of judicial review proceedings / ☐ appeal / ☐ 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) Upon filing of the bond, the stay shall be automatic per MCR 7.209(E).
(e) This stay shall remain in effect until [__/__/____] or until further order of this Court, whichever occurs first.
(f) [________________________________]

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

☐ STAY GRANTED IN PART. [________________________________]

☐ STAY GRANTED WITHOUT BOND because the agency order does not involve a money judgment and the interests of justice so require.

Date: [__/__/____]

___________________________________
Judge, Circuit Court for [________________________________] County

10. APPEAL OF STAY DENIAL

A. Agency Denial — Seeking Court Relief

46. If the agency denies the stay request, Petitioner may seek a stay from the circuit court. The motion must include:

• ☐ Copy of the petition for review filed under MCL 24.304
• ☐ Copy of the stay request submitted to the agency
• ☐ Copy of the agency's denial (or evidence of failure to act)
• ☐ Renewed argument on the four-factor test
• ☐ Supporting affidavits
• ☐ Proposed bond or security (if applicable)

B. Circuit Court Denial — Court of Appeals Relief

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

• ☐ Filing a motion for reconsideration with the circuit court within 21 days (MCR 2.119(F))
• ☐ Filing an application for leave to appeal to the Court of Appeals under MCR 7.105
• ☐ Filing a motion for stay in the Court of Appeals under MCR 7.108
• ☐ In extraordinary circumstances, seeking relief from the Michigan Supreme Court

C. Court of Appeals — MCR 7.108

48. Under MCR 7.108, a party may file a motion for stay of enforcement in the Court of Appeals:
    - The motion must show that a stay was sought from the lower court or agency and denied, or that seeking a stay is impracticable
    - The Court of Appeals may stay the effect or enforcement of any order on terms it deems just
    - Emergency motions are handled under MCR 7.211(C)(6)

D. Timing Considerations

49. Key deadlines for Michigan 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
• ☐ Copy of the agency Order/Decision at issue
• ☐ Proposed Order
• ☐ Certificate/proof of service on all parties

For Court-Level Stay (Circuit Court):

• ☐ Motion for Stay of Enforcement
• ☐ Memorandum of law in support
• ☐ Affidavit(s) in support (MCR 2.119(B))
• ☐ Copy of petition for judicial review (MCL 24.304)
• ☐ Copy of agency stay request and denial (if applicable)
• ☐ Copy of the agency Order/Decision at issue
• ☐ Proposed Order granting stay
• ☐ Bond or proposed bond/security (if monetary order)
• ☐ Proof 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 local administrative orders on emergency motions

12. PRACTICE TIPS

Michigan-Specific Considerations

Venue Selection:

• Under MCL 24.304, the petition for review may be filed in the circuit court for the county where petitioner resides, has a principal place of business, or in Ingham County (where most state agencies are located)
• Consider strategic venue selection: Ingham County judges may have more experience with administrative appeals but may also be more deferential to agencies

Filing Deadline:

• The petition for judicial review must be filed within 60 days from the date of the final agency order — this is longer than many states
• Use this time strategically to prepare both the petition and stay motion simultaneously

Bond Provisions:

• Michigan's bond cap of $25,000,000 (MCR 7.209(E)) applies to money judgments
• The 125% bond requirement applies to money judgments — for non-monetary orders (license revocation, cease-and-desist), the court has discretion to set appropriate conditions
• Courts may accept alternative security such as irrevocable letters of credit
• The bond filing triggers an automatic stay for money judgments

Licensing Cases — LARA:

• The Department of Licensing and Regulatory Affairs (LARA) handles many professional licensing matters
• License suspension/revocation cases present strong irreparable harm arguments
• Some licensing statutes contain specific stay provisions — check the enabling statute
• Consider whether interim practice restrictions (supervised practice, limited scope) could serve as conditions in lieu of a complete stay

Administrative Hearing System (MAHS):

• The Michigan Administrative Hearing System conducts hearings for many agencies
• MAHS rules may contain specific provisions for stay requests during or after hearing
• After a MAHS hearing, the agency head typically issues the final order — stay requests should be directed to the final decision maker

"Substantial Evidence" Standard:

• Michigan uses the "competent, material and substantial evidence on the whole record" standard (MCL 24.306(1)(d))
• This is a rigorous standard — build the strongest possible administrative record
• When arguing likelihood of success on the merits, identify specific record evidence that contradicts the agency's findings

Common Pitfalls:

• Failing to seek a stay from the agency before filing in court
• Missing the 60-day deadline for filing a petition for review
• Filing in the wrong county
• Inadequate affidavit support for irreparable harm
• Failing to serve the Attorney General in appeals of state agency decisions
• Not posting bond when required for monetary orders (which delays the stay)
• Confusing contested case review (MCL 24.301) with declaratory ruling procedures (MCL 24.263)

13. SOURCES AND REFERENCES

Statutes

• MCL 24.301-24.306 — Michigan APA, Judicial Review of Contested Cases
• MCL 24.304 — Petition for Review; Stay Provisions
• MCL 24.306 — Scope of Court Review
• MCL 24.323 — Agency Powers During Contested Cases
• MCL 24.201-24.328 — Michigan Administrative Procedures Act (full act)

Court Rules

• MCR 7.105 — Application for Leave to Appeal
• MCR 7.108 — Stay of Enforcement (Court of Appeals)
• MCR 7.209 — Stay of Proceedings
• MCR 2.119 — Motion Practice
• MCR 3.310 — Temporary Restraining Orders

Key Cases

• Michigan Coalition of State Employee Unions v. Civil Service Commission, 465 Mich. 212 (2001) — Standard of judicial review
• Brandon School District v. Michigan Education Special Services Association, 191 Mich. App. 257 (1991) — Stay analysis in administrative context
• Mich. Employment Relations Comm. v. Reeths-Puffer Sch. Dist., 391 Mich. 253 (1974) — Agency authority and judicial review

Practice Resources

• Michigan Administrative Law (ICLE)
• Michigan Civil Procedure (ICLE)
• Michigan Appellate Practice (ICLE)
• State Bar of Michigan, Administrative Law Section

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