Reference is to Printer's Date 1/23/18-H.
Amend the bill, as and if amended, SECTION 1, by striking 1-23-600(H)(2) and inserting:
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(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, for a decision to renew a license for an ongoing
activity, for an order to revoke, enforce, or suspend a license,
or challenging the amount of fines or penalties stays the
license, license renewal, order, fine or penalty for ninety 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. Requests for contested case
hearings challenging only the amount of fines or penalties must
be deemed considered not to affect those
portions of such orders imposing substantive
requirements. /
Renumber sections to conform.
Amend title to conform.