§ 23-27.3-127.2.2 - Stay of proceedings.
SECTION 23-27.3-127.2.2
§ 23-27.3-127.2.2 Stay of proceedings.– Entry of an appeal by the aggrieved party shall stay all proceedings infurtherance of the action or failure to act appealed from, unless the state orlocal agency or any person charged with the administration or enforcement ofthis code or any of its rules or regulations presents evidence and the boardfinds that, upon the evidence presented, a stay would involve imminent peril topublic health, safety, and welfare. In such an event, a stay of all proceedingsshall be waived or the board may order other action necessary to preservepublic health, safety, and welfare. Before waiving the stay of proceedings theboard shall hold a hearing and give the appellant, state, or local agencyclaiming that a stay would involve imminent peril to public health, safety, andwelfare, notice in writing of the hearing not less than twenty-four (24) hoursbefore the hearing.