D.C. Mun. Regs. tit. 11-Z, § 701
Stay of Final Decision and Order
Effective Sep 6, 2016Authority: § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)). Source: Final Rulemaking published at 63 DCR 2447, 3573 (March 4, 2016 – Part 2).District of Columbia, Office of the Secretary
701
701.1 The Commission, on its own motion or the motion of a party or petitioner to the District of Columbia Court of Appeals, may order the effectiveness of a final decision and order of the Commission stayed, pending reconsideration or rehearing, sua sponte review, or appeal of the decision and order to the Court of Appeals.
701.2 Except for stays granted upon its own motion, the Commission shall grant a stay only upon finding all four of the following criteria are present:
- (a) The party seeking the stay is likely to prevail on the merits of the motion for reconsideration or rehearing, or the appeal;
- (b) Irreparable injury will result if the stay is denied;
- (c) Opposing parties will not be harmed by a stay; and
- (d) The public interest favors the granting of the stay.
SOURCE: Final Rulemaking published at 63 DCR 2447, 3573 (March 4, 2016 – Part 2).