45-407. Stay of director's decision; precedence of actions for judicial review; review by the court of appeals

164 words·~1 min read·/az/title-45/45-407

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The decision of the director shall not be stayed pending an action for judicial review, except that the judge to whom the action for judicial review has been assigned may stay the decision of the director with or without bond upon a showing of good cause. In determining if good cause exists under the circumstances, the court may consider whether:

1. The public interest will be adversely affected by a stay.

2. The stay will harm others.

3. There is a high probability that the appellant will succeed on the merits.

4. The appellant will suffer irreparable harm before a decision on the merits can be rendered.

B. For the benefit of the people of this state, actions for judicial review under this chapter have precedence, in every court, over all other civil proceedings.

C. The final decision of the superior court is appealable in the same manner as in civil actions generally and shall be governed by the rules of appellate procedure.