75-10-944. Order not stayed by appeal -- stay or suspension by court -- limitations. An appeal from a department order does not automatically stay or suspend the operation of the order. The court may, upon motion by a party, stay or suspend, in whole or in part, the operation of the department's order on terms the court considers just. The court's action must be in accordance with the practice of courts exercising equity jurisdiction, subject to the following limitations:
     (1) A stay may not be granted without notice to the parties and an opportunity to be heard by the court.
     (2) A department order may not be stayed or suspended without finding that irreparable damage would otherwise result to the party seeking the stay or suspension, and a stay or suspension must specify the nature of the damage.

     History: En. Sec. 35, Ch. 468, L. 1991.