Stay of Enforcement Request (Administrative Agency) - Ohio

STAY OF ENFORCEMENT REQUEST — OHIO

TABLE OF CONTENTS

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

1. STAY REQUEST COVER LETTER

[FIRM NAME / ATTORNEY NAME]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]
Ohio Supreme Court Registration No.: [________________________________]

[__/__/____]

Clerk of Courts
Court of Common Pleas, [________________________________] County
[________________________________]
[________________________________]

Re: Motion for Suspension of Agency Order Pending Appeal
Case No.: [________________________________]
In the Matter of: [________________________________] v. [________________________________]

Dear Clerk:

Please find enclosed the Motion for Suspension of Agency Order pursuant to Ohio Revised Code § 119.12, filed on behalf of Appellant [________________________________] in connection with the administrative appeal of the order of [Agency Name] dated [__/__/____].

This motion is being filed concurrently with [☐ the Notice of Appeal / ☐ the administrative appeal record] and requests that the Court suspend enforcement of the agency order pending the outcome of this appeal.

Counsel for [Agency Name] has been [☐ notified / ☐ served] with a copy of this motion. [☐ A hearing is requested / ☐ The motion is submitted on the papers].

Respectfully submitted,

________________________________________
[Attorney Name], Esq.
Attorney for Appellant

2. MOTION FOR SUSPENSION/STAY OF AGENCY ORDER

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY, OHIO

[________________________________],
Appellant,

v.

[________________________________],
Appellee.

Case No.: [________________________________]

MOTION FOR SUSPENSION OF AGENCY ORDER PENDING APPEAL PURSUANT TO R.C. § 119.12

Appellant [________________________________], by and through undersigned counsel, respectfully moves this Court for an order suspending enforcement of the order of [Agency Name] ("Agency") dated [__/__/____] pending determination of this administrative appeal, pursuant to Ohio Revised Code § 119.12. In support of this motion, Appellant states as follows:

I. INTRODUCTION

1. On [__/__/____], the Agency issued an order that [describe order — e.g., revoked Appellant's license / imposed a civil penalty / ordered cessation of operations / other].

2. On [__/__/____], Appellant filed a timely Notice of Appeal from the Agency's order with this Court pursuant to R.C. § 119.12.

3. The filing of the Notice of Appeal does not automatically operate as a suspension of the Agency's order. R.C. § 119.12.

4. Appellant respectfully requests that this Court exercise its authority under R.C. § 119.12 to suspend the Agency's order pending determination of this appeal because execution of the order will result in unusual hardship to Appellant.

II. PARTIES

5. Appellant [________________________________] is a [individual / corporation / limited liability company / partnership / licensee / permit holder] with a principal place of [business / residence] at [________________________________].

6. Appellee [________________________________] is a state agency of the State of Ohio, with offices at [________________________________].

III. JURISDICTIONAL STATEMENT

7. This Court has jurisdiction over this appeal and this motion pursuant to R.C. § 119.12, which provides that any party adversely affected by an agency order may appeal to the Court of Common Pleas of [Franklin County / the county in which the place of business of the licensee is located / the county in which the licensee is a resident].

8. The Agency's order was mailed to Appellant on [__/__/____].

9. Appellant filed the Notice of Appeal within fifteen (15) days of the mailing of the order, as required by R.C. § 119.12.

3. STATEMENT OF FACTS

A. Background

10. [Provide narrative factual background regarding the regulated activity, Appellant's history, and the circumstances of the case.]

[________________________________]
[________________________________]
[________________________________]

B. The Administrative Proceeding

11. On [__/__/____], the Agency [initiated an enforcement action / issued a notice of opportunity for hearing / issued a proposed action] regarding [________________________________].

12. [☐ An adjudication hearing was held on [__/__/____] before [hearing examiner / agency panel / the agency director] / ☐ Appellant waived the right to a hearing / ☐ The Agency acted without providing a hearing].

13. On [__/__/____], the Agency issued the order that is the subject of this appeal (the "Order"), which provides:

☐ Revocation of Appellant's [license / permit / certification] under [________________________________]
☐ Suspension of Appellant's [license / permit / certification] for [____] [days / months / years]
☐ Imposition of a civil penalty in the amount of $[________________________________]
☐ Imposition of a fine of $[________________________________]
☐ Order to cease and desist [________________________________]
☐ Other: [________________________________]

C. Hardship from Enforcement

14. If the Order is not suspended during the pendency of this appeal, Appellant will suffer the following unusual hardship:

[________________________________]
[________________________________]
[________________________________]

4. LEGAL STANDARD FOR STAY

A. R.C. § 119.12 — Suspension Standard

Ohio Revised Code § 119.12 provides in relevant part:

"The filing of a notice of appeal shall not automatically operate as a suspension of the order of an agency. If it appears to the court that an unusual hardship to the appellant will result from the execution of the agency's order pending determination of the appeal, the court may grant a suspension and fix its terms."

B. Key Elements of the Standard

The R.C. § 119.12 suspension standard requires Appellant to demonstrate:

1. Unusual Hardship — The primary consideration under R.C. § 119.12 is whether execution of the agency order will cause "unusual hardship" to the appellant. This is a lower threshold than the traditional four-factor injunctive relief test. Ohio courts have interpreted "unusual hardship" to encompass circumstances that go beyond the ordinary consequences of the enforcement action.

2. Discretionary Authority — The granting of a suspension is within the sound discretion of the Court of Common Pleas. The statute uses the word "may," indicating that even when unusual hardship is shown, the court retains discretion.

3. Terms and Conditions — When granting a suspension, the court has authority to "fix its terms," which may include bond requirements, interim conditions, and other safeguards.

C. Special Standards for Certain Agencies

For appeals from the following agencies, R.C. § 119.12 requires the court to find both unusual hardship AND that the health, safety, and welfare of the public will not be threatened by the suspension:

☐ Ohio Casino Control Commission
☐ State Medical Board of Ohio
☐ State Chiropractic Board
☐ Other agencies specified by statute: [________________________________]

D. Additional Considerations

While R.C. § 119.12 centers on "unusual hardship," Ohio courts may also consider:

• The likelihood that the appellant will prevail on the merits
• Whether the public interest would be harmed by the suspension
• The nature and severity of the underlying violation
• The appellant's compliance history
• Whether conditions can be imposed to mitigate any risk during the suspension

5. GROUNDS ANALYSIS (UNUSUAL HARDSHIP TEST)

A. Unusual Hardship

15. Execution of the Agency's Order pending appeal will result in unusual hardship to Appellant because:

☐ Loss of Livelihood: Revocation or suspension of Appellant's [license / permit] will prevent Appellant from engaging in [his/her/its] [profession / trade / business], which is Appellant's sole or primary source of income.

☐ Business Closure: Enforcement of the Order will force Appellant's business to close, resulting in:

• Loss of [____] employees' jobs
• Loss of customer relationships and goodwill built over [____] years
• Inability to meet existing contractual obligations
• Financial obligations that will continue despite cessation of revenue

☐ Financial Devastation: The penalty of $[________________________________] will [bankrupt / render insolvent / cause severe financial hardship to] Appellant because: [________________________________]

☐ Reputational Harm: Enforcement of the Order will cause permanent damage to Appellant's professional reputation that cannot be undone even if the appeal is successful.

☐ Loss of Professional Standing: Revocation or suspension will result in loss of [professional memberships / hospital privileges / certifications / credentials] that may not be recoverable.

☐ Impact on Third Parties: Enforcement will [deprive patients of medical care / leave clients without representation / disrupt essential services to ________________________________].

☐ Other Unusual Hardship: [________________________________]

16. This hardship is "unusual" because it goes beyond the ordinary consequences of the Order in that: [________________________________]

B. No Threat to Public Health, Safety, or Welfare

17. (Complete this section if the appeal involves an agency subject to the heightened standard under R.C. § 119.12.)

The health, safety, and welfare of the public will not be threatened by a suspension of the Order because:

☐ The violation at issue does not involve any threat to public safety or welfare
☐ Appellant's [practice / operations / activities] do not currently pose a risk to the public
☐ Appropriate safeguards can be imposed as conditions of the suspension to protect the public
☐ The Agency's own findings do not identify an imminent threat to public health or safety
☐ Other: [________________________________]

C. Likelihood of Success on Appeal

18. While R.C. § 119.12 does not expressly require a showing of likelihood of success, Appellant respectfully submits that the merits of this appeal support the granting of a suspension because:

☐ The Agency's order is not supported by reliable, probative, and substantial evidence. R.C. § 119.12.
☐ The Agency's order is not in accordance with law. R.C. § 119.12.
☐ The Agency abused its discretion in imposing the penalty/sanction.
☐ The Agency violated Appellant's due process rights by [________________________________].
☐ The Agency exceeded its statutory authority.
☐ Other: [________________________________]

19. Specifically: [________________________________]
    [________________________________]

D. Public Interest and Balance of Equities

20. The balance of equities favors a suspension because:

☐ The Agency will suffer no prejudice from a temporary suspension during appeal
☐ The underlying regulatory purpose can be served through interim conditions
☐ Denial of a suspension would render the appeal moot as a practical matter
☐ Appellant proposes reasonable conditions to protect any competing interests
☐ Other: [________________________________]

6. BOND/SECURITY PROVISIONS

A. Supersedeas Bond Under R.C. § 2505.09

R.C. § 2505.09 provides that an appeal does not operate as a stay of execution until a supersedeas bond is executed by the appellant with sufficient sureties in a sum not less than the cumulative total for all claims covered by the final order, plus interest, except that the bond shall not exceed fifty million dollars excluding interest and costs.

B. Bond Under R.C. § 119.12

The court may "fix [the] terms" of a suspension, which may include requiring a bond or other security.

C. Appellant's Bond Proposal

21. Appellant [☐ offers / ☐ does not offer] to post bond or other security as a condition of the suspension:

☐ Surety bond in the amount of $[________________________________]
☐ Cash deposit with the Clerk of Courts in the amount of $[________________________________]
☐ Irrevocable letter of credit in the amount of $[________________________________]
☐ Other security: [________________________________]
☐ Appellant requests waiver of bond because: [________________________________]

D. Proposed Conditions

22. Appellant is willing to comply with the following conditions during the suspension period:

☐ Continued compliance with all applicable laws and regulations not at issue in this appeal
☐ Practice or operational restrictions: [________________________________]
☐ Supervision or monitoring by [________________________________]
☐ Periodic reporting to the Agency at [____]-day intervals
☐ Maintenance of [insurance / malpractice coverage / financial reserves]
☐ Limitation on [scope of practice / business activities]: [________________________________]
☐ Other conditions: [________________________________]

E. Bond Amount Factors

23. The Court should consider the following in setting bond:

• The nature of the penalty or sanction being suspended
• Any potential monetary harm to the Agency or the public
• Appellant's financial capacity
• The likelihood of success on the merits
• The availability of other adequate safeguards

7. EMERGENCY STAY PROCEDURES

A. Motion for Emergency Suspension

When enforcement is imminent, file the following emergency motion:

EMERGENCY MOTION FOR IMMEDIATE SUSPENSION OF AGENCY ORDER

Appellant [________________________________] moves this Court on an emergency basis for an order immediately suspending enforcement of the Order of [Agency Name] dated [__/__/____], pending determination of this administrative appeal, and states as follows:

24. The Agency's Order is scheduled to take effect on [__/__/____], which is [____] days from today.

25. There is insufficient time to obtain a full hearing on the Motion for Suspension before the Order takes effect.

26. Appellant will suffer immediate and irreparable unusual hardship if the Order is not suspended before [__/__/____], specifically: [________________________________]

27. Appellant requests an emergency hearing or, in the alternative, an ex parte temporary suspension pending a full hearing.

B. Temporary Restraining Order Under Civ.R. 65

In extreme cases, Appellant may seek a temporary restraining order under Ohio Civil Rule 65 in conjunction with the R.C. § 119.12 suspension motion:

☐ Verified complaint or affidavit showing specific facts demonstrating immediate and irreparable injury
☐ Bond as required by Civ.R. 65(C)
☐ Certification of efforts to notify the opposing party
☐ TRO limited to 14 days (with possible 14-day extension)

C. Ex Parte Application

28. If ex parte relief is sought, Appellant must demonstrate:

☐ Immediate and irreparable harm will result before the adverse party can be heard in opposition
☐ The applicant or counsel certifies the efforts made to give notice and the reasons notice should not be required
☐ Appellant will post bond as directed by the Court

8. OPPOSITION RESPONSE TEMPLATE

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY, OHIO

Case No.: [________________________________]

MEMORANDUM IN OPPOSITION TO MOTION FOR SUSPENSION OF AGENCY ORDER

Appellee [________________________________] ("Agency"), by and through its counsel, [________________________________], respectfully opposes Appellant's Motion for Suspension of Agency Order and states as follows:

I. FACTUAL RESPONSE

29. The Agency's Order was issued following [a full hearing / investigation / review] in which it was determined that: [________________________________]

30. The enforcement action is based on the following violations/findings: [________________________________]

II. ARGUMENT

A. No Unusual Hardship

31. Appellant has not demonstrated unusual hardship because: [________________________________]

32. The hardship alleged is the ordinary and expected consequence of the Order, not an "unusual" hardship within the meaning of R.C. § 119.12.

B. Public Health, Safety, and Welfare Concerns

33. (If applicable — heightened standard agencies): Suspension of the Order would threaten the health, safety, or welfare of the public because: [________________________________]

C. Merits of the Appeal

34. The Agency's Order is supported by reliable, probative, and substantial evidence and is in accordance with law because: [________________________________]

D. Conditions Cannot Adequately Protect the Public

35. No conditions could adequately substitute for enforcement because: [________________________________]

III. RELIEF REQUESTED

36. The Agency respectfully requests that this Court deny the Motion for Suspension [☐ in its entirety / ☐ or impose the following conditions if suspension is granted: ________________________________].

9. PROPOSED ENTRY/ORDER

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY, OHIO

Case No.: [________________________________]

ENTRY ON MOTION FOR SUSPENSION OF AGENCY ORDER

This matter came before the Court on Appellant's Motion for Suspension of Agency Order Pending Appeal, pursuant to R.C. § 119.12. The Court has reviewed the motion, [any opposition filed], [the administrative record], and [arguments of counsel / affidavits]. The Court finds as follows:

FINDINGS

1. The Agency issued its Order on [__/__/____] [revoking / suspending / imposing a penalty on / ordering ________________________________].

2. Appellant filed a timely Notice of Appeal on [__/__/____].

3. Execution of the Agency's Order [will / will not] result in unusual hardship to Appellant.

4. [If applicable:] The health, safety, and welfare of the public [will / will not] be threatened by a suspension.

ORDER

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:

☐ SUSPENSION GRANTED: The Order of [Agency Name] dated [__/__/____] is SUSPENDED pending determination of this appeal, subject to the following terms:

• Duration: This suspension shall remain in effect until [final determination of this appeal / further order of this Court / [__/__/____]].
• Bond: Appellant shall post a [surety bond / cash deposit] in the amount of $[________________________________] with the Clerk of Courts within [____] days of this Entry.
• Conditions: [________________________________]
• Continuation on Further Appeal: Pursuant to R.C. § 119.12, if an appeal is taken from the judgment of this Court, this suspension shall not be vacated and shall remain in full force and effect until the matter is finally adjudicated.

☐ SUSPENSION DENIED: The Motion for Suspension is DENIED. [Reasons: ________________________________]

☐ SUSPENSION GRANTED IN PART: [________________________________]

IT IS SO ORDERED.

________________________________________
Judge, Court of Common Pleas
[________________________________] County, Ohio

Dated: [__/__/____]

10. APPEAL OF STAY DENIAL

A. Options After Denial of Suspension

If the Motion for Suspension is denied, Appellant may consider the following:

☐ Motion for Reconsideration — File a motion to reconsider presenting additional evidence of unusual hardship or proposing additional conditions.

☐ Appeal to the Court of Appeals — An interlocutory appeal may be available if the denial of the suspension effectively determines the action and prevents a judgment on the merits. R.C. § 2505.02(B)(4).

☐ Modified Application — File a renewed motion with enhanced conditions, a larger bond, or additional evidence.

☐ Expedited Hearing on the Merits — Request an expedited schedule for the R.C. § 119.12 appeal.

☐ Mandamus or Prohibition — In extraordinary circumstances, consider a writ action in the Court of Appeals challenging the denial.

B. Continuation of Suspension on Further Appeal

37. Under R.C. § 119.12, if the Court of Common Pleas grants a suspension and an appeal is taken from the judgment of the Court, the suspension of the Agency's order is not vacated and remains in full force and effect until the matter is finally adjudicated. This is an important protection — Appellant does not need to obtain a new stay at each level of appeal if the initial suspension was granted.

11. DOCUMENT CHECKLIST

Filing Preparation

☐ Motion for Suspension of Agency Order — completed and signed
☐ Memorandum in support of suspension
☐ Affidavit of Appellant attesting to unusual hardship
☐ Notice of Appeal (R.C. § 119.12) — filed within 15 days of mailing of order
☐ Copy of the Agency Order being appealed
☐ Proposed Entry granting the suspension
☐ Bond or security documents (if offering)
☐ Certificate of service
☐ Filing fee and cost deposit

Supporting Documentation

☐ Affidavit of Appellant detailing unusual hardship with specificity
☐ Financial records demonstrating economic impact
☐ Business records showing revenue, employees, contractual obligations
☐ Evidence of compliance history
☐ Evidence of lack of threat to public safety (if heightened standard applies)
☐ Expert declarations or affidavits (if applicable)
☐ Copies of relevant statutes and rules
☐ Copies of the administrative hearing transcript (if available)
☐ Copies of exhibits from the administrative proceeding

Service Requirements

☐ Serve motion on the Agency's counsel (typically the Ohio Attorney General's office for state agencies)
☐ Serve all other parties of record
☐ File proof of service
☐ Comply with local court rules regarding hearing notice

12. PRACTICE TIPS

Timing and Strategy

• File with the Notice of Appeal: The Motion for Suspension should be filed simultaneously with the Notice of Appeal or as soon as possible thereafter. The Notice of Appeal must be filed within 15 days of the mailing of the agency order under R.C. § 119.12.

• "Unusual Hardship" is key: The central and primary factor under R.C. § 119.12 is "unusual hardship." Focus your briefing on this element. Quantify the harm, be specific, and distinguish it from the ordinary consequences of the enforcement action.

• Venue considerations: Under R.C. § 119.12, appeals may be filed in the Court of Common Pleas of Franklin County or the county in which the appellant's place of business is located or in which the appellant resides. Choose venue strategically.

Substantive Considerations

• Standard of Review on the Merits: On appeal, the Court of Common Pleas reviews whether the agency order is "supported by reliable, probative, and substantial evidence and is in accordance with law." R.C. § 119.12. Reference this standard in the suspension motion to show the strength of the underlying appeal.

• Special Agencies: If the appeal involves the State Medical Board, the State Chiropractic Board, or the Ohio Casino Control Commission, the court must also find that "the health, safety, and welfare of the public will not be threatened" by the suspension. Prepare specific evidence addressing this element.

• Continuation on Further Appeal: R.C. § 119.12 contains a powerful protection: if the Common Pleas Court grants a suspension and an appeal is taken from the court's judgment, the suspension is not vacated and remains in effect until the matter is finally adjudicated. This avoids the need to re-litigate the stay at each appellate level.

Bond Considerations

• R.C. § 2505.09 provides the general supersedeas bond framework for appeals. The bond amount may be up to the cumulative total of all claims, but shall not exceed $50 million (excluding interest and costs).
• The court has discretion under R.C. § 119.12 to set bond terms as part of the suspension order.
• If financial hardship is part of the unusual hardship showing, present evidence supporting a reduced bond or waiver.

Common Pitfalls

• Filing the Notice of Appeal more than 15 days after mailing of the agency order — this is jurisdictional.
• Failing to demonstrate that the hardship is "unusual" rather than merely the expected consequence of the order.
• Not addressing public health/safety/welfare for appeals involving special agencies.
• Neglecting to propose specific conditions that would protect the public interest during the suspension.
• Failing to include an affidavit with specific factual details about the hardship.

13. SOURCES AND REFERENCES

• Ohio Revised Code Chapter 119 — Administrative Procedure
• § 119.12: Appeal by Party Adversely Affected (Suspension of Agency Order)
• § 119.121: Stay by Agency Pending Judicial Review
• Ohio Revised Code § 2505.09 — Supersedeas Bond on Appeal
• Ohio Revised Code § 2505.02 — Final Orders (Appealability)
• Ohio Civil Rule 65 — Injunctions; Temporary Restraining Orders
• Ohio Administrative Code (agency-specific regulations)
• Ohio Attorney General — Administrative Law Handbook
• Hamilton County Law Library — Ohio Administrative Appeals Guide: https://libguides.hamilton-co.org
• Ohio Revised Code (official): https://codes.ohio.gov

This template is provided for informational purposes only and does not constitute legal advice. Stay and suspension procedures in Ohio administrative appeals are governed by R.C. § 119.12 and may be affected by agency-specific enabling statutes. This template must be reviewed, customized, and approved by a qualified attorney licensed in Ohio before use. Statutory citations are current as of the date indicated above but should be verified before filing.