(a) In addition to the provisions of § 179.7 (relating to request for hearing by applicant or licensee), a party seeking a stay of an underlying ruling or determination by the Board of Stewards or other Commission staff shall comply with the following:
- (1) A petition for a stay must be in writing, contain numbered paragraphs and must plead facts with particularity and be supported by affidavits and specific evidence of those facts.
- (2) A petition for stay must state with particularity the citations of legal authority the petitioner believes form the basis for the grant of a stay.
(b) A petition for stay may be summarily denied by the Bureau Director for failure to comply with the following reasons:
- (1) Lack of particularity of the facts pleaded.
- (2) Lack of particularity or inapplicability of the legal authority cited as the basis for the grant of the supersedeas.
- (3) Failure to provide an affidavit supporting the facts alleged in the petition.
- (4) Failure to state grounds sufficient for the granting of a supersedeas.
Cross References
This section cited in 7 Pa. Code § 179.7 (relating to request for hearing by applicant or licensee); and 7 Pa. Code § 179.42 (relating to request for stay).