If you face a strong potential of immediate harm as a result of an agency decision, you should seek a stay.  Filing a petition for review does not stay enforcement of the agency decision or order. To obtain a stay, you must request an order from the circuit court.

 

The procedure and requirements for obtaining a stay are similar to those for obtaining a preliminary injunction.

 

The court may order a stay only after a hearing and on a finding that . . .

(1) the applicant will suffer irreparable harm;
(2) the applicant is likely to prevail on the merits;
(3) a stay will not harm the public interest; and,
(4) the harm to the applicant if the stay is not granted outweighs the harm to others if the stay is granted.

 

Additionally, the applicant must file a bond.

 

If you or your business has been aggrieved by an agency’s final decision and need to request a court hearing, we can help.   Give us a call and speak with a qualified attorney about your case.