The Agency argues that the APA does not apply, and urges in various cases either
that the Board should grant no discretionary stay, or that any stay should be limited to thecontested conditions of the CAAPP permit.
1981).
Section 10-65(b) of the APA in
effect issues a stay by operation of law, so that it is unnecessary for the Board to reach the issueof whether to exercise discretion to enter a stay in a particular case.
On November 18, 2005, the Agency opposed DMG’s request for a stay and
simultaneously moved for more time to file the record.
Procedural Rules, R70-4 (Oct. 8, 1970). As of Ju...
Allowed
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