---
kind: "section"
citation: "32 C.F.R. § 200.2022"
title: "32"
number: "200.2022"
heading: "Stay of initial decision."
url: "https://uscodex.org/cfr/32/200.2022"
---

# §200.2022. Stay of initial decision.

- (a) In a CMP case under section 1128A of the Act, the filing of a respondent's request for review by the DAB will automatically stay the effective date of the ALJ's decision.
- (b)
  - (1) After the DAB renders a decision in a CMP case, pending judicial review, the respondent may file a request for stay of the effective date of any penalty or assessment with the ALJ. The request must be accompanied by a copy of the notice of appeal filed with the Federal court. The filing of such a request will automatically act to stay the effective date of the penalty or assessment until such time as the ALJ rules upon the request.
  - (2) The ALJ may not grant a respondent's request for stay of any penalty or assessment unless the respondent posts a bond or provides other adequate security.
  - (3) The ALJ will rule upon a respondent's request for stay within 10 days of receipt.

## Notes

### Authority

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55; 42 U.S.C. 1320a-7a.

### Source

Source: 85 FR 60705, Sept. 28, 2020, unless otherwise noted.