Reference is to the bill as introduced.
Amend the bill, as and if amended, Section 1-23-600(H), as contained in SECTION 1, by striking item (2) and inserting:
/ (2)
A request for a contested case hearing for an
agency order stays the order. A request for a contested case
hearing for an order to revoke or suspend a license stays the
revocation or suspension. A request for a contested case hearing
for a decision to renew a license for an ongoing activity stays
the renewed license, the previous license remaining in effect
pending completion of administrative review. A request for a
contested case hearing for a decision to issue a new license
stays all actions for which the license is a
prerequisite; from an agency decision granting a
license stays the license for thirty days and, if a request for
preliminary injunctive relief is filed with the Administrative
Law Court, until an order granting or denying preliminary
injunctive relief is issued by the Administrative Law Court, at
which time the stay is lifted; provided, however,
that matters not affected by the request may not be
stayed by the filing of the request. If the request is filed
for a subsequent license related to issues substantially similar
to those considered in a previously licensed matter, the license
may not be automatically stayed by the filing of the request.
If the requesting party asserts in the request that the
issues are not substantially similar to those considered in a
previously licensed matter, then the license must be stayed
until further order of the Administrative Law Court.
A request for a contested case hearing for a decision to
renew a license for an ongoing activity stays the renewed
license for thirty days, the previous license remaining in
effect pending completion of administrative review. A request
for a contested case hearing of an order to revoke, enforce, or
suspend a license stays the revocation or suspension for thirty
days. Requests for contested case hearings challenging only
the amount of fines or penalties stays the obligation to pay
such monetary fines and penalties until a final order is issued
by the Administrative Law Court, but must be
deemed does not to affect those
portions of such orders imposing substantive
requirements. /
Amend further, Section 1-23-600(H), as contained in SECTION 1, by striking item (4) and inserting:
/ (4)
After a contested case is initiated before the
Administrative Law Court, a party may move before the presiding
administrative law judge to lift the stay imposed pursuant to
this subsection. When an agency revokes, suspends,
renews, or denies a license, upon motion by any party, the
court shall lift the stay for good cause shown or if no
irreparable harm will occur, then the stay shall be lifted. A
hearing must be held within thirty days after the motion is
filed with the court and served upon the parties to lift the
automatic stay or for a determination of the applicability of
the automatic stay. The judge must issue an order no later than
fifteen business days after the hearing is concluded. Any
preliminary injunction ordered by the Administrative Law Court
may require the posting of a bond or other security sufficient
for the cost and expense of the litigation and project delay as
demonstrated by an affidavit made on a good faith estimate of
the cost and expense. State agencies are exempt from the
requirement to post a bond under this section.
/
Renumber sections to conform.
Amend title to conform.