§ 1429.8. Stay of action taken by Grievance Board; requests.
190 words·~1 min read·
/us/cfr/t22/s§ 1429.8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A request for a stay shall be entertained only in conjunction with and as a part of an exception to an action taken by the Grievance Board under part 1425 of this subchapter. The filing of an exception shall not itself operate as a stay of the action involved in the proceedings.
(b)A timely request for a stay of an action taken by the Grievance Board to which an exception has been filed shall operate as a temporary stay of the award. Such temporary stay shall be deemed effective from the date of the action and shall remain in effect until the Board issues its decision and order on the exception, or the Board or its designee otherwise acts with respect to the request for the stay.
(c)A request for a stay of an action taken by the Grievance Board will be granted only where it appears, based upon the facts and circumstances presented, that:
(1)There is a strong likelihood of success on the merits of the appeal; and
(2)A careful balancing of all the equities, including the public interest, warrants issuance of a stay.