(a) The Bureau Director, in granting or denying a stay, will be guided by prevailing case law and precedent. The factors to be weighed include the following:
- (1) The applicant is likely to prevail at the ultimate hearing on the merits;
- (2) The applicant will sustain irreparable harm without the stay;
- (3) The issuance of the stay will not substantially harm other interested parties in the proceedings;
- (4) The issuance of a stay will not adversely affect the public interest.
- (b) A stay will not be issued if injury to the health, safety and welfare of a horse, licensee or other racing participant exists or is threatened during the period when the stay would be in effect.
- (c) In granting a stay, the Bureau Director may impose specific conditions in the stay that are reasonably warranted by the circumstances.