PURPOSE: This rule describes the form and content of a motion for stay or suspension of any of the committee’s actions, the number of copies required and who is served with a stay order.
- (1) Content.
- (A) All motions for stay of the committee’s action shall be in writing.
(B) The movant shall include in the motion-
CODEOFSTATE REGULATIONS Hearing Commission
- 1. The full name, address and telephone number of movant, any attorney representing movant and the committee;
- 2. Suitable space in the caption for the commission to affix a case number;
- 3. A clear heading, Motion for Stay;
- 4. Facts showing why the commission should grant the stay, set forth in numbered paragraphs, each ofwhieh shall contain, as far as practical, a single set of circumstances; and
- 5. A copy of the committee’s notice of the action sought to be stayed.
- (C) The movant or movant’s legal counsel shall sign the motion.
- (2) The movant shall file the original and one
- (1) copy of the motion for stay with the commission.
- (3) The commission, upon either parties’ request, shall hold or, on its own initiative, may hold an evidentiary hearing on whether to issue OI dissolve a stay order.
- (4) The commission may condition its stay order on the posting ofa bondor other security.
- (5) The denial of a motion for stay shall not prejudice the movant’s complaint on the merits.
(6) The commission’s stay order shall remain effective until the commission finally disposes of the case unless the commission orders otherwise.
Auth: section 621.198, RSMo (1986).* Original rule filed Aug. 5,1991, effectectiue Feb. 6, 1992.
*Original authority 1965, amended 1978.