61D-3.003. Stay of Steward/Judges' Penalty

(1) A request for an appeal hearing following a stewards’/judge’s ruling shall not automatically stay the decision of the stewards/judge regarding the penalty imposed. Any request for a stay of the penalty imposed shall specify the reasons supporting the issuance of a stay. The licensee’s request for a stay must be in writing or on Form DBPR PMW-3090, Request for Stay, effective 3-4-07, adopted herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-00307, and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399.

(2) Any party desiring a stay of stewards’/judge’s ruling shall first seek the stay from the stewards/judge, who shall grant the stay unless:

(a) The stewards or division judge enter a suspension of 60 days and refer the matter to the division with a recommendation for entry of an emergency suspension pursuant to Section 120.60(6), F.S., or an order of summary suspension pursuant to Section 550.2415(3)(c), F.S.; or

(b) The stewards or division judge find after a hearing with notice to the party seeking the stay that the stay is being sought solely for the purpose of delaying a penalty.

(3) The decision of the stewards/judge shall be in writing and shall be transmitted to the division and the parties within five days from the date the request for stay is received by the stewards/judge.

(4) If the stewards/judge deny the request for a stay or do not issue a written decision as required under subsection (3), the party is entitled to seek a stay from the division. After reviewing the decision of the stewards or division judge, the request for stay, and the record, the division shall grant or deny the stay.

Rulemaking Authority 120.80(4)(a), 550.0251(3) FS. Law Implemented 120.80(4)(a), 550.0251, 550.1155 FS. History–New 10-20-96, Amended 1-5-98, 4-12-06, 6-26-11.