A. Request for Stay.
- (1) A party seeking judicial review of a final decision may request a stay of the decision pending judicial review.
(2) A party making a request for a stay shall:
- (a) File the request with the agency within 15 days of the date of the decision;
- (b) Include the reason for the stay;
- (c) Include a copy of the petition of appeal filed in the court having jurisdiction or a statement of the grounds for judicial review; and
- (d) Serve a copy of the request on each party to the contested case.
- (3) A request for a stay may not extend the time for filing an appeal.
- B. The presiding officer may grant or deny a request for a stay with or without a hearing.
- C. The presiding officer shall issue a written order granting or denying the stay, in whole or in part, and shall forward a copy of the order to each party or each party's attorney.
Authority: State Government Article, Title 10, Subtitle 2; Correctional Services Article, §2-109; Annotated Code of Maryland
Effective date: August 13, 1984 (11:16 Md. R. 1393)
Chapter revised effective April 12, 2004 (31:7 Md. R. 585)