View Amendment Current Amendment: 2 to Bill 105 Rep. CLARY proposes the following Amendment No. 2 to S. 105 (COUNCIL\CZ\105C005.NBD.CZ18):

Reference is to Printer's Date 1/23/18-H.

Amend the bill, as and if amended, SECTION 1, by striking 1-23-600(H)(2) and inserting:

     /            (2)      A request for a contested case hearing for an agency order stays the order. 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; from an agency decision granting a license, for a decision to renew a license for an ongoing activity, for an order to revoke, enforce, or suspend a license, or challenging the amount of fines or penalties stays the license, license renewal, order, fine or penalty for ninety 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. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed considered not to affect those portions of such orders imposing substantive requirements.            /

Renumber sections to conform.
Amend title to conform.