Stay of Enforcement Request - Mississippi

STAY OF ENFORCEMENT REQUEST — MISSISSIPPI

SELECT AND VERIFY THE ROUTE BEFORE USE: ☐ agency stay ☐ administrative-review stay ☐ trial-court stay ☐ appellate stay. Delete inapplicable options only after the controlling official authority is identified.

1. AUTHORITY WORKSHEET

☐ The authority above was read on an official website this session.

2. COVER LETTER

[__/__/____]

[________________________________]
[Agency / Court / Clerk]
[________________________________]
[Address]

Re: Request for Stay of Enforcement
Applicant/Petitioner: [________________________________]
Docket or Case No.: [________________________________]
Action Dated: [__/__/____]

Dear [________________________________]:

Under [INSERT VERIFIED STAY AUTHORITY], [Applicant/Petitioner] requests a stay of [identify the exact order or action] pending [identify the underlying proceeding].

The action will take effect on [__/__/____]. The attached request states the requested duration, facts, record support, proposed conditions, and relief.

Respectfully submitted,

[________________________________]
[Name / Title / Bar Number]
[Address / Phone / Email]

3. FORMAL REQUEST

BEFORE THE [AGENCY / COURT]

[Applicant/Petitioner],
Applicant/Petitioner,

v.

[Agency/Respondent],
Respondent.

Docket/Case No.: [________________________________]

REQUEST FOR STAY OF ENFORCEMENT

1. On [__/__/____], [Agency/Tribunal] issued [identify action].

2. The action requires [________________________________] and is effective [__/__/____].

3. [Applicant/Petitioner] filed or will timely file [identify the underlying challenge] under [verified citation].

4. This decision-maker may grant a stay under [verified citation].

5. The request is timely because [deadline calculation].

6. The requested stay should remain in effect until [event/date].

4. SUPPORTING FACTS

5. REQUIRED SHOWING

Use only the findings required by the verified authority:

☐ Likelihood of success or substantial question
☐ Irreparable or noncompensable harm
☐ Effect on other parties
☐ Public interest
☐ Statutory compliance
☐ Bond or security
☐ Other required element: [________________________________]

Argument and evidence:

[________________________________]

6. PROPOSED CONDITIONS

☐ Continue undisputed compliance
☐ Restricted activity: [________________________________]
☐ Reporting: [________________________________]
☐ Escrow or bond expressly authorized by [citation]
☐ Expedited briefing or hearing
☐ Other: [________________________________]

7. REQUEST FOR RELIEF

[Applicant/Petitioner] requests:

1. A stay of [action] through [event/date];
2. Any conditions stated above that are authorized by [citation];
3. Written reasons if the request is denied; and
4. Other relief authorized by [citation].

8. DECLARATION OR AFFIDAVIT

I, [________________________________], declare or swear under the form authorized for this filing that:

1. I have personal knowledge of the facts stated here.
2. The attached records are true and correct copies.
3. Without a stay, the following harm will occur: [________________________________].

[________________________________]
Signature

Date: [__/__/____]

9. PROPOSED ORDER

☐ GRANTED. Enforcement of [action] is stayed through [event/date], subject to [conditions].

☐ DENIED. The request is denied because [________________________________].

SO ORDERED on [__/__/____].

[________________________________]
Authorized Decision-Maker

10. SERVICE AND FILING CHECKLIST

☐ Correct decision-maker and docket
☐ Underlying challenge timely filed
☐ Required prior stay request completed
☐ Official form used if required
☐ Evidence and declaration attached
☐ Bond/security verified rather than assumed
☐ All recipients served by authorized methods
☐ Filing and service receipts retained
☐ Denial-review deadline calendared

SOURCES AND REFERENCES

• Mississippi Secretary of State Administrative Code Search: https://www.sos.ms.gov/adminsearch/
• Mississippi Legislature, H.B. 819 (2016), official text sent to the Governor, identifying Article 4 of Chapter 25-43 as the Mississippi Small Business Regulatory Flexibility Act: https://billstatus.ls.state.ms.us/documents/2016/html/HB/0800-0899/HB0819SG.htm
• Controlling agency and court official sources: [INSERT URLS]