- 1. A petitioner who applies for a stay of the final decision in a contested case shall file and serve a written motion for the stay on the agency and all parties of record to the proceeding at the time of filing the petition for judicial review.
- 2. In determining whether to grant a stay, the court shall consider the same factors as are considered for a preliminary injunction under Rule 65 of the Nevada Rules of Civil Procedure.
3. In making a ruling, the court shall:
- (a) Give deference to the trier of fact; and
(b) Consider the risk to the public, if any, of staying the administrative decision.
The petitioner must provide security before the court may issue a stay.
(Added to NRS by 1967, 810; A 1977, 58; 1989, 1652)