§1103. Supersedeas.  


Latest version.
  • (a) Not automatic.--A request for hearing filed pursuant to this chapter shall not act as an automatic supersedeas. The bureau may, however, grant a supersedeas upon good cause shown.

    (b) Criteria.--The bureau, in granting or denying a supersedeas, shall be guided by relevant judicial precedent. Among the factors to be considered are:

    (1) irreparable harm to the petitioner;

    (2) likelihood of the petitioner prevailing on the merits; and

    (3) likelihood of injury to the public or other parties.

    (c) Prohibition.--A supersedeas shall not be issued if injury to the public health, safety or welfare exists or is threatened during the period when the supersedeas would be in effect.

    (d) Conditions.--In granting a supersedeas, the bureau may impose conditions which are warranted by the circumstances, including the filing of a bond or other security.