Idaho Code
Idaho Code § 61-635 (2026)
Stay of order on appeal.
✓ current as of May 2026
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Stay of order on appeal.
The pendency of an appeal shall not of itself stay or suspend the operation of the order of the commission, but during the pendency of such appeal, the Supreme Court may stay or suspend, in whole or in part, the operation of the commission’s order.
Notes of Decisions
Cited in 2
cases, 1984–1996 · leading case: Utah Power & Light Co. v. Idaho Pub. Utils. Comm'n, 685 P.2d 276 (Idaho 1984).
Utah Power & Light Co. v. Idaho Pub. Utils. Comm'n, 685 P.2d 276 (Idaho 1984). “I.C. § 61-635 is, by its express language, permissive rather than mandatory, and despite the linguistic legerdemain of the majority, the word "may" in that statute cannot somehow miraculously be turned into "must.”
Rosebud Enter., Inc. v. Idaho Pub. Utils. Comm'n, 917 P.2d 790 (Idaho 1996). “Idaho Code section 61-634 (1994) states that in ease the order or decision of the Commission is stayed or suspended, the order shall not become effective until a suspending bond has been executed and filed with and approved by the Commission, or by the court of review. 4 In…”
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