Stay of Enforcement Request (Administrative Agency) - Washington

REQUEST FOR AGENCY STAY DURING JUDICIAL REVIEW

To: [AGENCY HEAD / AUTHORIZED OFFICER OR OFFICE]

From: [PARTY NAME]

Agency matter and order no.: [________________________________]

Date: [__/__/____]

Re: Request for temporary agency relief under RCW 34.05.550(1)

[PARTY NAME] asks [AGENCY] to grant a stay or other temporary remedy while the petition for judicial review identified below is pending. I request ☐ a full stay ☐ a partial stay of [SPECIFIC ORDER PROVISIONS] ☐ another temporary remedy described here: [________________________________].

Before you use this: Confirm that the agency is covered by the Washington Administrative Procedure Act, that no other law precludes this relief, and that the agency's own rules and order permit the requested filing. This request goes to the agency. A motion to the reviewing court is a separate document and may be made after a petition for judicial review is filed under RCW 34.05.550(2).

1. Action and review status

1. The agency issued [ORDER OR ACTION] on [__/__/____] and served it on [__/__/____]. The provisions for which relief is sought are [________________________________]. A copy is attached as Exhibit A.

2. I filed a petition for judicial review on [__/__/____] in [COURT AND CASE NUMBER]. A filed copy is Exhibit B. The petition challenges [IDENTIFY ISSUES].

3. The immediate agency action or compliance deadline is [__/__/____]. Without temporary relief, the following action will occur before judicial review can be resolved: [________________________________].

4. The agency official authorized to consider this request under [AGENCY RULE / ORDER / DELEGATION] is [NAME OR TITLE]: [________________________________]. The required filing and service method is [________________________________].

2. Reasons for temporary relief

Record and legal basis for the challenge: [________________________________]

Specific harm if relief is withheld: [________________________________]

Effect on other parties: [________________________________]

Effect on public health, safety, and welfare, with proposed protections: [________________________________]

Why the requested scope and duration are appropriate: [________________________________]

Supporting record pages or exhibits: [________________________________]

3. Requested terms

I ask the agency to stay [EXACT PROVISIONS] from [__/__/____] until ☐ further agency order ☐ the reviewing court's disposition of [SPECIFY EVENT] ☐ [OTHER DATE OR EVENT]. I propose the following conditions or interim safeguards: [________________________________].

Please issue a written response to [EMAIL / MAILING ADDRESS] by [__/__/____] because [IMMINENT EVENT]. If the agency grants relief, I ask it to identify the stayed provisions, effective time, duration, and conditions.

4. Attachments

☐ Exhibit A: Agency order or action and service record

☐ Exhibit B: Filed petition for judicial review

☐ Exhibit C: Evidence supporting immediate harm and interim protections

☐ Exhibit D: Proposed terms of temporary relief

☐ Other: [________________________________]

5. Signature and delivery

I certify that the factual statements above are accurate to the best of my knowledge.

Party / authorized representative: [________________________________]

Title: [________________________________]

Signature: [________________________________] Date: [__/__/____]

Address: [________________________________]

Email: [________________________________] Telephone: [________________________________]

Submitted to agency official / office: [________________________________]

Delivery method and date: [________________________________]

Other parties served, method, and date: [________________________________]

Filing or delivery receipt: [________________________________]

Source

• RCW 34.05.550