Rule 18. Stay Pending Review

(a) Motion for a Stay.

1. Initial Motion Before the Agency. A petitioner must ordinarily move first before the agency for a stay pending review of its decision or order.

2. Motion in the Court of Appeals. A motion for a stay may be made to the court of appeals or one of its judges.

   • (A) The motion must:

     • (i) show that moving first before the agency would be impracticable; or

     • (ii) state that, a motion having been made, the agency denied the motion or failed to afford the relief requested and state any reasons given by the agency for its action.

   • (B) The motion must also include:

     • (i) the reasons for granting the relief requested and the facts relied on;

     • (ii) originals or copies of affidavits or other sworn statements supporting facts subject to dispute; and

     • (iii) relevant parts of the record.

   • (C) The moving party must give reasonable notice of the motion to all parties.

   • (D) The motion must be filed with the circuit clerk and normally will be considered by a panel of the court. But in an exceptional case in which time requirements make that procedure impracticable, the motion may be made to and considered by a single judge.

(b) Bond. The court may condition relief on the filing of a bond or other appropriate security.