Stay of Enforcement Request (Administrative Agency) - North Carolina

North Carolina Administrative Law Updated August 21, 2026 Free Word and PDF

NORTH CAROLINA REVIEWING-COURT STAY REQUEST

1. Scope and Route Gate

This packet is only for a request to the superior court that is or will be the reviewing court for an administrative decision.

☐ Petitioner is a party or person aggrieved by a final decision and has exhausted the remedies made available by statute or agency rule.

☐ Judicial review proceeds under Article 4, or this alternate statute incorporates or preserves the § 150B-48 stay route: [________________________________].

☐ The correct reviewing superior court is: [________________________________].

☐ The operation to be stayed is part of this administrative decision: [________________________________].

☐ The request is made ☐ before ☐ during the review proceeding.

If relief is sought from an agency or an OAH administrative law judge before the final decision, use the separately verified pre-final agency/OAH stay packet. Section 150B-48 does not authorize those decision-makers.

2. Judicial-Review and Venue Control Sheet

  • Final administrative decision: [________________________________]
  • Decision date: [__/__/____]
  • Date and method of service: [________________________________]
  • Judicial-review petition filed or prepared: [________________________________]
  • Article 4 or alternate review authority: [________________________________]
  • Petitioner's North Carolina residence county: [________________________________]
  • If outside North Carolina, contested-case filing county: [________________________________]
  • Reviewing court selected under § 150B-45(b) or alternate law: [________________________________]
  • Effective or enforcement date of decision: [__/__/____]
  • Time available for ordinary notice and hearing: [________________________________]

For a non-tax final decision under Article 4, § 150B-45(b) ordinarily uses the aggrieved person's residence county, or for an out-of-state person, the county where the contested case was filed. Do not substitute a generic Wake County option.

3. Current Rule 65 and Case-Authority Worksheet

Section 150B-48 makes the stay discretionary, permits terms the court considers proper, and subjects the request to Rule 65. It does not itself state a four-factor test, bond formula, notice period, emergency duration, affidavit form, or appellate remedy.

  • Current official Rule 65 source: [________________________________]
  • Current official North Carolina case authority: [________________________________]
  • Procedure selected: [________________________________]
  • Required notice and service: [________________________________]
  • Required facts or legal elements: [________________________________]
  • Evidence or affidavit requirements: [________________________________]
  • Security or conditions authority: [________________________________]
  • Emergency or temporary procedure: [________________________________]
  • Proposed-order findings required: [________________________________]

Do not use the issue prompts below as legal elements unless the verified authority requires them.

4. Motion to Stay Administrative Decision

Party Role
[PETITIONER], Petitioner
v.
[RESPONDENT DECISION-MAKER], Respondent

STATE OF NORTH CAROLINA

[________________________________] COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No. [________________________________]

MOTION TO STAY OPERATION OF ADMINISTRATIVE DECISION

Petitioner [________________________________], through counsel, moves under N.C. Gen. Stat. § 150B-48 and the current Rule 65 authority identified below to stay the operation of [identify decision] pending the outcome of judicial review.

Review Proceeding and Decision

  1. The administrative decision was issued by [________________________________] on [__/__/____] and served on [__/__/____]. A copy is attached as Exhibit [____].

  2. Petitioner seeks judicial review under [________________________________].

  3. This Court is the reviewing court because: [________________________________].

  4. The challenged decision will operate on [__/__/____] by: [________________________________].

Verified Stay Authority and Required Showing

  1. Section 150B-48 authorizes this application and makes it subject to Rule 65.

  2. The current Rule 65 and official case authority governing this request are: [________________________________].

  3. The required element is [________________________________], supported by these facts and evidence: [________________________________].

  4. Each additional required element and its support are: [________________________________].

Merits Crosswalk, If Required by the Verified Stay Standard

Section 150B-51 supplies the judicial-review grounds; it is not automatically the stay standard.

  1. The review petition asserts:

☐ Constitutional violation — § 150B-51(b)(1).

☐ Excess of authority or jurisdiction — § 150B-51(b)(2).

☐ Unlawful procedure — § 150B-51(b)(3).

☐ Other error of law — § 150B-51(b)(4).

☐ Unsupported by substantial evidence in view of the entire record — § 150B-51(b)(5).

☐ Arbitrary, capricious, or abuse of discretion — § 150B-51(b)(6).

  1. The record-specific merits showing relevant to the verified stay standard is: [________________________________].

Scope, Duration, and Conditions

  1. Petitioner asks the Court to postpone only: [________________________________].

  2. The requested duration is: [________________________________].

  3. The requested terms are: [________________________________].

  4. Security or other conditions are addressed under this authority and evidence: [________________________________].

  5. A narrower alternative, if the Court declines the primary request, is: [________________________________].

WHEREFORE, Petitioner asks the Court to stay the identified operation of the administrative decision on the supported terms pending the outcome of review.

Respectfully submitted on [__/__/____].

[________________________________]

Attorney for Petitioner

North Carolina State Bar No. [________________________________]

[________________________________]

Telephone: [________________________________]

Email: [________________________________]

5. Evidence and Filing Checklist

☐ Administrative decision and proof of service.

☐ Judicial-review petition or draft establishing the reviewing court and grounds.

☐ Current official Rule 65 text and official case authority.

☐ Evidence or affidavits tied to each verified stay element.

☐ Effective-date and enforcement evidence.

☐ Proposed order limited to the operation, duration, and terms requested.

☐ Security proposal or opposition supported by current authority.

☐ Current clerk filing method, fee, caption, notice, service, local, and confidential-information requirements.

☐ Every party and recipient identified from the review proceeding and current rules.

6. Proposed Order Framework

ORDER ON MOTION TO STAY ADMINISTRATIVE DECISION

The Court considered the Motion, responses, evidence, governing authority, and record presented for this request.

The Court determines that the verified requirements under [________________________________] are ☐ satisfied ☐ not satisfied for these reasons: [________________________________].

IT IS ORDERED:

☐ The following operation of the administrative decision is stayed: [________________________________].

☐ The Motion is denied.

☐ The stay begins on [__/__/____] and continues until [________________________________].

☐ These terms or conditions apply: [________________________________].

☐ Security is ☐ required ☐ not required under: [________________________________].

☐ Modification or dissolution may be requested under: [________________________________].

Entered on [__/__/____].

[________________________________]

Superior Court Judge

7. Opposition and Reply Issue Map

For each point, cite the verified stay authority, evidence, and administrative record as applicable.

Issue Movant's support Opponent's response
Reviewing-court authority and finality [________________________________] [________________________________]
Scope of operation to be stayed [________________________________] [________________________________]
Required legal element [________________________________] [________________________________]
Evidence and credibility [________________________________] [________________________________]
Timing and emergency procedure [________________________________] [________________________________]
Terms, conditions, and security [________________________________] [________________________________]
Narrower alternative [________________________________] [________________________________]

8. Handoffs This Packet Does Not Supply

This packet does not provide:

  • an agency or OAH stay application;
  • a motion for reconsideration;
  • an interlocutory appellate route;
  • a writ of supersedeas;
  • appellate deadlines or briefing rules; or
  • a generic bond, emergency, or ex parte procedure.

Verify each through the current official statute, court rule, and case authority before filing.

9. Sources and References

  • North Carolina General Assembly, Chapter 150B: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_150B.pdf

This packet must be conformed to current Rule 65 authority, the selected agency's law, and the operative decision before filing.

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About this template

Last updated
August 21, 2026
Citations checked
August 21, 2026
Jurisdiction
North Carolina
Category
Administrative Law

Legal authority

  • N.C. Gen. Stat. § 150B-43
  • N.C. Gen. Stat. § 150B-45(b)
  • N.C. Gen. Stat. § 150B-48
  • N.C. Gen. Stat. § 150B-51(b)
  • N.C. Gen. Stat. § 150B-51(c)

Administrative law covers how you interact with government agencies, from filing a comment on a proposed rule to appealing a denied license or benefit. Agency processes have their own forms, deadlines, and evidence standards that are different from what courts use. Getting the paperwork wrong usually means missing a deadline or losing the right to appeal, so precision in these documents matters as much as it does in a courtroom filing.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on August 21, 2026.

N.C. Gen. Stat. § 150B-45(b) (checked August 21, 2026): "A petition for review of any other final decision under this Article must be filed in the superior court of the county where the person aggrieved by the administrative decision resides, or in the case of a person residing outside the State, in the county where the contested case that resulted in the final decision was filed."

N.C. Gen. Stat. § 150B-48 (checked August 21, 2026): "At any time before or during the review proceeding, the person aggrieved may apply to the reviewing court for an order staying the operation of the administrative decision pending the outcome of the review. The court may grant or deny the stay in its discretion upon such terms as it deems proper and subject to the provisions of G.S. 1A-1, Rule 65."

N.C. Gen. Stat. § 150B-43 (checked August 21, 2026): "Any party or person aggrieved by the final decision in a contested case, and who has exhausted all administrative remedies made available to the party or person aggrieved by statute or agency rule, is entitled to judicial review of the decision under this Article, unless adequate procedure for judicial review is provided by another statute, in which case the review shall be under such other statute."

N.C. Gen. Stat. § 150B-51(b) (checked August 21, 2026): "The court reviewing a final decision may affirm the decision or remand the case for further proceedings. It may also reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the findings, inferences, conclusions, or decisions are: (1) In violation of constitutional provisions; (2) In excess of the statutory authority or jurisdiction of the agency or administrative law judge; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Unsupported by substantial evidence admissible under G.S. 150B-29(a), 150B-30, or 150B-31 in view of the entire record as submitted; or (6) Arbitrary, capricious, or an abuse of discretion."

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