Md. Code Regs. 02.02.06.26

Current through Register Vol. 51, No. 12, June 14, 2024

Section 02.02.06.26 - Stay of Enforcement

A. Motion for Stay. After the Commissioner has issued a final decision that results in the entry of a final order against a party, the party may move for a stay of the Commissioner's order if the party has filed an appeal of the final decision.

B. Form of Motion. A request for a stay shall be in writing and shall include a copy of the order for appeal filed in the circuit court.

C. Criteria for Stay. The Commissioner may grant a stay of a final order for such period of time as the Commissioner considers appropriate, after considering:

(1) The potential hardship caused by the order to the party requesting the stay;

(2) The likelihood that the party will prevail on appeal;

(3) Other reasons for a stay proffered by that party;

(4) The interest of investor protection; and

(5) The public interest.

Md. Code Regs. 02.02.06.26