A. Automatic Stay of Proceedings Upon Appeal. The filing of an appeal from the final decision of an agency shall stay the final decision of that agency unless the effect of filing an appeal is otherwise established by statute, the Administrative Procedures Act notwithstanding; or the administrative law judge has entered an order regarding the effect of the proceedings in the agency. Notwithstanding the foregoing, upon the filing of an appeal from the final decision of an agency, any party may apply to the administrative law judge for an order regarding the effect of the appeal on the agency decision B. Effect of Motions upon Time Limits. Unless otherwise ordered by the presiding administrative law judge, the filing of a motion or petition shall not stay the time limits imposed by these Rules. A motion to dismiss an appeal or a motion to relieve counsel shall, however, automatically stay the time limits for perfecting the appeal until the motion is decided. The time limits shall resume from the date of an order deciding the motion.S.C. R. P. Admin. Law. Ct. 34
2016 Note
The Rule was amended by adding subsection (B) which provides that motions (other than motions to dismiss or motions to be relieved as counsel) do not stay the time limits imposed by these Rules for filing the record on appeal and briefs. For those motions which do stay the time limits, the time frames for perfecting the appeal resume from the date of the order deciding the motion. The subsection is based upon SCACR 240(b).