Where an order by its terms, by statute or by these rules will become effective before a hearing can be held, any aggrieved party who has filed a timely request for hearing under this chapter may file a written request with the Commissioner to stay the effectiveness part or all such order until the matter has been heard and a final decision issued. The Commissioner may grant a stay where the respondent has adequately demonstrated that the respondent has a reasonable defense which might result in his prevailing on the merits at the hearing; the respondent will be irreparably injured in the absence of the stay; the stay would not substantially or irreparably harm other interested persons; and the stay would not jeopardize the public interest or contravene public policy.

Source Note:The provisions of this §93.402 adopted to be effective August 10, 1999, 24 TexReg 6027.