Louisiana Revised Statutes 37:786.1 – 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 und
Terms Used In Louisiana Revised Statutes 37:786.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Louisiana State Board of Dentistry. See Louisiana Revised Statutes 37:751
A. Absent agreement of counsel for all parties, no stay of enforcement of a decision issued under La. Rev. Stat. 37:780, or for a violation of La. Rev. Stat. 37:788, during the pendency of an appeal under La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 49:978.1, whichever occurs first.
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.