Temporary Remedies and Stays

Model State Administrative Procedure Act (1981 ed) § 5-111 provides that unless precluded by law, an agency may grant a stay on appropriate terms or other temporary remedies during the pendency of judicial review.  During the pendency of judicial review, a party may seek interlocutory review of the agency’s action on an application for stay or other temporary remedies by filing a motion in the reviewing court.  When the agency’s action for application on stay or other temporary remedies is justified as protecting against a substantial threat to the public health, safety, or welfare, the court may grant relief only if:

  • the applicant is likely to prevail when the court finally disposes of the matter;
  • the applicant will suffer irreparable injury, without relief;
  • the grant of relief to the applicant will not substantially harm other parties to the proceeding; and
  • the agency’s action in the circumstances is justified, because the threat to the public health, safety, or welfare relied on by the agency is not sufficiently serious.

Pursuant to the Model State Administrative Procedure Act (1981 ed) § 5-111, the principal and initial responsibility of decision is with the agency.  The function of the reviewing court on a motion for a stay is to act in opposition, only when the action of the commissioner cannot be supported, or when the circumstances are changed to call into question the advisability of the determination

If relief is granted, the court may issue an order, or remand the matter to the agency with directions to:

  • deny a stay,
  • grant a stay on appropriate terms, or
  • grant other temporary remedies.

Inside Temporary Remedies and Stays