---
kind: "section"
citation: "5 C.F.R. § 1209.10"
title: "5"
number: "1209.10"
heading: "Hearing and order ruling on stay request."
url: "https://uscodex.org/cfr/5/1209.10"
---

# §1209.10. Hearing and order ruling on stay request.

- (a) **Hearing.** The judge may hold a hearing on the stay request.
- (b) **Order ruling on stay request.**
  - (1) The judge must rule upon the stay request within 10 days (excluding Saturdays, Sundays, and Federal holidays) after the request is received by the appropriate Board regional or field office.
  - (2) The judge's ruling on the stay request must set forth the factual and legal bases for the decision. The judge must decide whether there is a substantial likelihood that the appellant will prevail on the merits of the appeal, and whether the stay would result in extreme hardship to the agency.
  - (3) If the judge grants a stay, the order must specify the effective date and duration of the stay.

## Notes

### Amendments

[55 FR 28592, July 12, 1990, as amended at 59 FR 65243, Dec. 19, 1994]

### Authority

Authority: 5 U.S.C. 1204, 1221, 2302(b)(8) and (b)(9)(A)(i), (B), (C), or (D), and 7701.

### Source

Source: 55 FR 28592, July 12, 1990, unless otherwise noted.

### Amendments

[55 FR 28592, July 12, 1990, as amended at 59 FR 65243, Dec. 19, 1994]