(a)
An appellant under § 4.470 may petition for a stay of the final BLM grazing decision pending appeal by filing a petition for a stay together with the appeal under § 4.470 with the BLM field office that issued the decision.
(b)
Within 15 days after filing the appeal and petition for a stay, the appellant must serve copies on—
(1)
Any other person named in the decision from which the appeal is taken; and
(2)
The appropriate office of the Office of the Solicitor, in accordance with § 4.413(a) and (c).
(c)
A petition for a stay of a final BLM grazing decision pending appeal under paragraph (a) of this section must show sufficient justification based on the following standards:
(1)
The relative harm to the parties if the stay is granted or denied;
(2)
The likelihood of the appellant's success on the merits;
(3)
The likelihood of immediate and irreparable harm if the stay is not granted; and
(4)
Whether the public interest favors granting the stay.
(d)
The appellant requesting a stay bears the burden of proof to demonstrate that a stay should be granted.
[68 FR 68770, Dec. 10, 2003]