§ 37:786.1 — Stay of board decision

Louisiana § 37:786.1

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§786.1. Stay of board decision
A. Absent agreement of counsel for all parties, no stay of enforcement of a decision
issued under R.S. 37:780, or for a violation of R.S. 37:788, during the pendency of an appeal
under R.S. 37:786 shall be granted unless the civil district court for the parish of Orleans
finds that the applicant has established:
(1) That the issuance of the stay does not threaten harm to other interested parties,
including the board, and persons for whom the applicant may render dental or dental hygiene
services.
(2) That the issuance of the stay does not constitute a threat to the health and welfare
of the citizens of the state.
B. No stay shall be granted ex parte. The court shall schedule a hearing on the
request for a stay order within ten days from filing. The decision shall be rendered within
five days after the conclusion of the hearing.
C. No judicial order staying or enjoining the effectiveness or enforcement of a final
decision or order of the board in an adjudication proceeding, whether issued pursuant to R.S.
49:978.1(C) or otherwise, shall be effective, or be issued to be effective, longer than:
(1) One hundred twenty days from the date on which the board's decision or order
was rendered; or
(2) The date on which the court enters judgment in a proceeding for judicial review
of the board's decision or order pursuant to R.S. 49:978.1, whichever occurs first.

Legislative History

Acts 1987, No. 782, §1, eff. July 17, 1987; Acts 1995, No. 920, §1; Acts 1999, No. 1358, §1; Acts 2012, No. 491, §1, eff. June 5, 2012; Acts 2022, No. 271, §2.