63G-4-405 - Judicial review -- Stay and other temporary remedies pending final disposition. - Utah Statutes

63G-4-405. Judicial review -- Stay and other temporary remedies pending finaldisposition.
(1) Unless precluded by another statute, the agency may grant a stay of its order or othertemporary remedy during the pendency of judicial review, according to the agency's rules.
(2) Parties shall petition the agency for a stay or other temporary remedies unlessextraordinary circumstances require immediate judicial intervention.
(3) If the agency denies a stay or denies other temporary remedies requested by a party,the agency's order of denial shall be mailed to all parties and shall specify the reasons why thestay or other temporary remedy was not granted.
(4) If the agency has denied a stay or other temporary remedy to protect the public health,safety, or welfare against a substantial threat, the court may not grant a stay or other temporaryremedy unless it finds that:
(a) the agency violated its own rules in denying the stay; or
(b) (i) the party seeking judicial review is likely to prevail on the merits when the courtfinally disposes of the matter;
(ii) the party seeking judicial review will suffer irreparable injury without immediaterelief;
(iii) granting relief to the party seeking review will not substantially harm other parties tothe proceedings; and
(iv) the threat to the public health, safety, or welfare relied upon by the agency is notsufficiently serious to justify the agency's action under the circumstances.

Renumbered and Amended by Chapter 382, 2008 General Session