PURPOSE: This rule describes the form and content of a motion for stay or suspension of any agency action, the number of copies required and who is served with a stay order.

1. (1) Content.

   1. (A) All motions for stay of an agency action shall be in writing.

   2. (B) The movant shall include in the motion:

      1. 1. The full name, address and telephone

number of movant, any attorney representing movant and respondent;

1. 2. Suitable space in the caption for the

commission to affix a case number;

1. 3. A clear heading, Motion for Stay;
2. 4. Facts showing why the commission

should grant the stay, set forth in numbered paragraphs, each of which shall contain, as far as practical, a single set of circumstances; and

1. 5. A copy of the agency’s order which

the movant requests to have stayed.

1. (C) The movant or movant’s legal counsel shall sign the motion.

1. (2) The movant shall file the original and one
2. (1) copy of the motion for stay with the commission.
3. (3) Liquor Control Cases. The commission, with or without the filing of a motion, shall stay any suspension or revocation order of the supervisor of the Division of Liquor Control if the licensee files a complaint on the action eight (8) days or more before the effective date of the order. The commission shall not grant a stay on a complaint filed less than eight (8) days before the effective date of the order except for good cause shown or with the supervisor’s consent.
4. (4) The commission, upon either party’s request, shall hold or, on its own initiative, may hold an evidentiary hearing on whether to issue or dissolve a stay order.
5. (5) The commission may condition its stay order on the posting of a bond or other security.
6. (6) The denial of a motion for stay shall not prejudice the movant’s complaint on the merits.
7. (7) The commission’s stay order shall remain effective until the commission finally disposes of the case unless the commission orders otherwise.

AUTHORITY: section 621.198, RSMo 1986.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. *Original authority: 621.198, RSMo 1965, amended 1978.