§ 179.42. Request for stay.
(a) The final determination or ruling by Judges or Stewards shall remain in full force and effect pending the final determination on the hearing, if granted. An aggrieved party, in addition to the written requirements set forth above for an appeal, may separately request a stay of the Judges’ or Stewards’ ruling or decision pending a final determination by the Commission. In accordance with § 175.6 or § 177.6 (relating to contents of petition for stay), the Bureau Director may, for good cause shown, grant a stay of the Judges’/Stewards’ ruling until the final determination by the Commission provided that sufficient facts are presented by affidavit to warrant the stay.
(b) Applications for a stay shall conform to the standards set forth in § 175.6 and § 177.6 of the Commission’s regulations. The decision to grant or refuse a request for a stay shall be based upon a balancing of the pertinent facts sworn to by applicant but shall be based upon the sound discretion of the Bureau Director to whom the application is addressed.
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