Sec. 31.6. Request for a stay of the cease and desist order

If the respondent desires a stay of the cease and desist order, he or she shall submit a written application to the professional conduct officer, on a form prescribed by the commissioner, stating the facts and the law upon which such stay should be granted.

(a) A request for a stay of a cease and desist order shall:

(1) be filed together with respondent's request for a hearing on the cease and desist order or, in the event that the hearing process is initiated by a notice of hearing served in accordance with subdivision (3) of section 6516 of the Education Law, at any time prior to the completion of a pending hearing;

(2) clearly state at the top of the first page of the document that respondent requests a stay of the cease and desist order;

(3) contain an address and phone number designated by respondent for receipt of all correspondence and notice related to the request for a stay;

(4) contain the name, address, and phone number of respondent's attorney, if respondent chooses to be represented by an attorney; and

(5) state the factual and legal basis upon which a stay should be granted.

(b) Decision on the request for a stay. The hearing officer may grant a stay of the cease and desist order pending an ultimate determination, if in his or her judgment a stay is necessary, upon consideration of respondent's likelihood of success on the merits, any irreparable harm and a balancing of the equities. The hearing officer shall make such determination within five business days of the request for a stay. The date of the request for a stay is the date on which the professional conduct officer receives the stay request.