- (a) Hearing. The judge may hold a hearing on the stay request.
(b) Order ruling on stay request.
- (1) The judge must rule upon the stay request within 10 days (excluding Saturdays, Sundays, and Federal holidays) after the request is received by the appropriate Board regional or field office.
- (2) The judge's ruling on the stay request must set forth the factual and legal bases for the decision. The judge must decide whether there is a substantial likelihood that the appellant will prevail on the merits of the appeal, and whether the stay would result in extreme hardship to the agency.
- (3) If the judge grants a stay, the order must specify the effective date and duration of the stay.
[55 FR 28592, July 12, 1990, as amended at 59 FR 65243, Dec. 19, 1994]