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Rule 3. Stay of an Administrative Decision

Arizona Revised Statutes AnnotatedRules of Procedure for Judicial Review of Administrative DecisionsEffective: January 1, 2021

Arizona Revised Statutes Annotated
Rules of Procedure for Judicial Review of Administrative Decisions (Refs & Annos)
Effective: January 1, 2021
17C A.R.S. J. Review Admin. Dec., Rule 3
Rule 3. Stay of an Administrative Decision
(a) Motion for Stay Pending Appeal. A party may file with the clerk of the superior court a motion to stay a final administrative decision, in whole or in part, pending the final disposition of the appeal, pursuant to A.R.S. § 12-911. The motion for stay must be a separate filing from the notice of appeal required by A.R.S. § 12-904. The party filing the motion for stay must provide proper notice to the agency affected and all other parties to the proceeding before the agency. Form 3 is a template for the motion for stay.
(b) Standard for Issuance of Stay Pending Appeal. The superior court may grant the motion for stay pending appeal for good cause shown. The motion for stay must show:
1. A colorable claim demonstrating, as regards substantive merit, a seemingly valid, genuine, or plausible claim under the circumstances of the case; and
2. That the balance of harm favors granting the stay.
(c) Bond on Appeal. A stay of an administrative decision may be entered in superior court with or without bond, except if otherwise provided by statute.

Credits

Added Sept. 30, 1993, effective Dec. 1, 1993. Amended on an emergency basis Aug. 30, 2012, effective July 1, 2013, amendment adopted on a permanent basis Dec. 10, 2012; Aug. 31, 2017, effective Jan. 1, 2018; Aug. 31, 2020, effective Jan. 1, 2021.
17C A. R. S. J. Review Admin. Dec., Rule 3, AZ ST J REVIEW ADMIN DEC Rule 3
State Court Rules are current with amendments received and effective through 7/1/22. The Code of Judicial Administration is current with amendments received through 7/1/22.
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