Arizona Laws 45-1223. Stay of director’s decision; precedence of actions for judicial review
A. A decision of the director shall not be stayed pending an action for judicial review, except that the judge to whom the action for judicial review has been assigned may stay the decision of the director with or without bond on a showing of good cause. In determining if good cause exists under the circumstances, the court may consider whether:
Terms Used In Arizona Laws 45-1223
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
1. The public interest will be adversely affected by a stay.
2. The stay will harm others.
3. There is a high probability that the appellant will succeed on the merits.
4. The appellant will suffer irreparable harm before a decision on the merits can be rendered.
B. For the benefit of the people of this state, actions for judicial review under this article have precedence, in every court, over all other civil proceedings.
C. The final decision of the superior court is appealable in the same manner as in civil actions generally and shall be governed by the rules of appellate procedure.