441—7.45(17A) Stay of agency action for bidder appeal.
	7.45(1) When a stay may be requested.
	a. 	Any party appealing the issuance of a notice of disqualification or notice of award may petition for stay of the decision pending its review. The petition for stay shall be filed with the notice of appeal, shall state the reasons justifying a stay, and shall be accompanied by an appeal bond equal to 120 percent of the contract value.
	b. 	Any party adversely affected by a final decision and order may petition the department for a stay of that decision and order pending judicial review. The petition for stay shall be filed with the director within five days of receipt of the final decision and order and shall state the reasons justifying a stay.
	7.45(2) When a stay is granted. In determining whether to grant a stay, the director shall consider the factors listed in Iowa Code section 17A.19(5)“c.”
	7.45(3) Vacation. A stay may be vacated by the issuing authority upon application of the department or any other party.
[ARC 8045C, IAB 5/29/24, effective 7/3/24]