View Amendment Current Amendment: 105R007.SP.JTM.docx to Bill 105     Senator McELVEEN proposed the following amendment (105R007.SP.JTM):
    Amend the bill, as and if amended, by striking section 1-23-600(H)(4) and inserting:

/         (4)(a)     After Except as provided in item (b) for matters involving the issuance, renewal, revocation, or suspension of a license, forty-five days after a contested case is initiated before the Administrative Law Court, a party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection or for a determination of the applicability of the automatic stay. A hearing must be held within thirty days after any party files a motion with the court and serves the motion upon the parties. Upon motion by any party, the The court shall lift the stay for good cause shown or if no irreparable harm will occur, then the stay shall be lifted unless the party that requested a contested case proves: (i) the likelihood of irreparable harm if the stay is lifted, (ii) the substantial likelihood that the party requesting the contested case and stay will succeed on the merits of the case, (iii) the balance of equities weigh in favor of continuing the stay, and (iv) continuing the stay serves the public interest. A hearing must be held within thirty days after the motion is filed with the court and served upon the parties to lift the automatic stay or for a determination of the applicability of the automatic stay. The judge must issue an order no later than fifteen business days after the hearing is concluded.
            (b)     After a contested case hearing is requested in a matter involving the issuance, renewal, revocation, or suspension of a license, the automatic stay provided for in subsection (H)(2) may be lifted upon the completion of the legal discovery period.
            (c)     Notwithstanding any other provision of law, in a contested case arising under this subsection, the Administrative Law Court shall file a final decision on the merits of the case no later than twelve months after the contested case is filed with the Clerk of the Administrative Law Court, unless all parties to the contested case consent to an extension or the court finds substantial cause otherwise.             /

    Renumber sections to conform.
    Amend title to conform.