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

1. (1) Content.

   1. (A) All motions for stay of the action from which petitioner is appealing 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 the 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 any written notice of the

action from which the petitioner is appealing.

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) Specific Cases.

   1. (A) International Fuel Tax Agreement (IFTA) Cases. The commission, with or without the filing of a motion, may stay any suspension or revocation of an IFTA license if the licensee files a complaint on that action.

   2. (B) Department of Social Services Cases Under Section 208.156, RSMo. The commission shall not grant a stay until after a full hearing on the motion.

      1. 1. The movant must show:

         1. A. That immediate and irreparable

injury, loss, or damage will result if such stay order is denied; or

1. B. That such person has a reasonable

likelihood of success upon the merits of the claim; and

1. 2. No stay order shall be issued without

the movant posting a bond in such sum as the commission finds sufficient to protect and preserve the interest of the Department of Social Services or its divisions.

1. 3. In no event may the commission grant

such stay order where the claim arises under a program or programs funded by federal funds or by any combination of state and federal funds, unless it is specified in writing by the financial section of the appropriate federal agency that federal financial participation will be continued under the stay order.

1. (C) Franchise Cases Under Sections 407.822.1 and 407.1031.1, RSMo. The commission’s notice of hearing shall contain a stay of the action from which the petitioner seeks relief.

1. (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, except as provided in subsection (3)(B) of this rule.
2. (5) The commission may condition its stay order on the posting of a bond or other security, except as provided in subsection (3)(B) of this rule. A bond or other security is posted when the commission receives it.
3. (6) The denial of a motion for stay shall not prejudice the movant’s complaint on the merits.
4. (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 2000.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Jan. 11, 2001, effective July 30, 2001.

*Original authority: 628.198, RSMo 1965, amended 1978.