§ 1081.407 - Effective date; stays pending judicial review.

§ 1081.407 Effective date; stays pending judicial review.

(a) Other than consent orders, which shall become effective at the time specified therein, an order to cease and desist or for other affirmative action under section 1053(b) of the Dodd-Frank Act Consumer Financial Protection Act of 2010 (12 U.S.C. 5563(b)) becomes effective at the expiration of 30 days after the date of service pursuant to § 1081.113(d)(2), unless the Director agrees to stay the effectiveness of the order pursuant to this section.

(b) Any party subject to a final decision and order, other than a consent order, may apply to the Director for a stay of all or part of that order pending judicial review.

(c) A motion for stay shall must state the reasons a stay is warranted and the facts relied upon, and shall must include supporting affidavits or other sworn statements, and a copy of the relevant portions of the record. The motion shall must address the likelihood of the movant's success on appeal, whether the movant will suffer irreparable harm if a stay is not granted, the degree of injury to other parties if a stay is granted, and why the stay is in the public interest.

(d) A motion for stay shall must be filed within 30 28 days of service of the order on the party. Any party opposing the motion may file a response within five seven days after receipt of the motion. The movant may file a reply brief, limited to new matters raised by the response, within three seven days after receipt of the response.

(e) The commencement of proceedings for judicial review of a final decision and order of the Director does not, unless specifically ordered by the Director or a reviewing court, operate as a stay of any order issued by the Director. The Director may, in his or her has discretion, and on such terms as he or she the Director finds just, to stay the effectiveness of all or any part of an order pending a final decision on a petition for judicial review of that order.