View Amendment Current Amendment: JUD0165.002.DOCX to Bill 165     The Committee on Judiciary proposed the following amendment (JUD0165.002):
    Amend the bill, as and if amended, page 2, by striking lines 14 through 33, in Section 1-23-600(H)(2), as contained in SECTION 1, and inserting therein the following:

/         (2)     A request for a contested case hearing for an agency order stays the order from an agency decision granting a license stays the license A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; for thirty days and, if a request for preliminary injunctive relief is filed with the Administrative Law Court, until an order granting or denying preliminary injunctive relief is issued by the Administrative Law Court at which time the stay is lifted; provided, however, that matters not affected by the request may not be stayed by the filing of the request. If the request is filed for a subsequent license related to issues substantially similar to those considered in a previously licensed matter, the license may not be automatically stayed by the filing of the request. If the requesting party asserts in the request that the issues are not substantially similar to those considered in a previously licensed matter, then the license must be stayed until further order of the Administrative Law Court. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing of an order to revoke, enforce, or suspend a license stays the revocation or suspension. Requests for contested case hearings challenging only the amount of fines or penalties stays the obligation to pay such monetary fines and penalties until a final order is issued by the Administrative Law Court, but must be deemed does not to affect those portions of such orders imposing substantive requirements.         /

    Amend the bill further, as and if amended, page 2, by striking line 40, in Section 1-23-600(H)(4), as contained in SECTION 1, and inserting therein the following:

/         subsection for preliminary injunctive relief pursuant to applicable law. Upon         /

    Amend the bill further, as and if amended, page 3, by striking lines 4 through 8, in Section 1-23-600(H)(4), as contained in SECTION 1, and inserting therein the following:

/         after the hearing is concluded. Any preliminary injunction ordered by the Administrative Law Court may require the posting of a bond or other security sufficient for the cost and expense of the litigation and project delay as demonstrated by an affidavit made on a good faith estimate of the cost and expense. State agencies are exempt from the requirement to post a bond under this section.         /

    Renumber sections to conform.
    Amend title to conform.