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

1. (1) content. iA\ All motions for stav of the deoartment’s .? a&on shall be in writing. .

   1. (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 department;

1. 2. Suitable space in the caption for the

commission to affix a cake 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. The motion may be insufficient to require a hearing under section 208.156.9., RSMo if it fails to contain:

1. A. Facts showing immediate and ir.

reparable injury, loss or damage will result if the motion is denied;

1. B. The assertion that, where the claim

arises under a program(s) funded by federal funds or by any combination of state and federal funds, the financial section of the appropriate federal agency has specified in writing that federal financial participation will be continued under the stay order; and

1. C. Acopyofthefederalagency’s written

assurance of continuing participatio?; and

1. 5. A copy ofthe department’s notxe of the

action sought to be stayed.

secremy Of state

Chapter (j--Medicaid Cases

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) The commission shall hold an evidentiary hearing on whether to issue a stay order.
4. (4) The commission may condition its stay order on the posting of a bond or other security as the commission finds sufficient to protect the interest of the department or its divisions.
5. (5) The denial of a motion for stay shall not prejudice the movant’s complaint on the merits.

6. (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, effective Feb. 6,199X *O@d authority 1965, amended 1978.