§ 177.7. Circumstances affecting grant or denial.
(a) The Bureau Director, in granting or denying a stay, will be guided by prevailing case law and precedent. The factors to be weighed include the following:
(1) The applicant is likely to prevail at the ultimate hearing on the merits;
(2) The applicant will sustain irreparable harm without the stay;
(3) The issuance of the stay will not substantially harm other interested parties in the proceedings;
(4) The issuance of a stay will not adversely affect the public interest.
(b) A stay will not be issued if injury to the health, safety and welfare of a horse, licensee or other racing participant exists or is threatened during the period when the stay would be in effect.
(c) In granting a stay, the Bureau Director may impose specific conditions in the stay that are reasonably warranted by the circumstances.
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