1. 1. The person has a reasonable defense that might prevail on the merits at the hearing,
2. 2. The person will suffer irreparable injury unless the Director grants the stay,
3. 3. The stay would not substantially or irreparably harm other interested persons, and
4. 4. The stay would not jeopardize the public interest or contravene public policy.

A person aggrieved by the Department’s action or order who files a timely written request for a hearing may ask, in the request for a hearing, that the Director stay an action or any part of an order that will become effective before a hearing. The Director may, in the Director’s discretion, stay the legal effectiveness of any action or order until the matter can be heard and finally decided if the aggrieved person’s request demonstrates that:

Historical Note

Adopted effective February 7, 1978 (Supp. 78-1). R20-4-1210 recodified from R4-4-1210 (Supp. 95-1). Amended by final rulemaking at 7 A.A.R. 4262, effective September 12, 2001 (Supp. 01-3). Amended by final rulemaking at 28 A.A.R. 3620 (November 25, 2022), effective January 1, 2023 (Supp. 22-4).