Idaho Code
Idaho Code

Idaho Code § 67-5274 (2026)

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✓ current as of May 2026
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The filing of the petition for review does not itself stay the effectiveness or enforcement of the agency action. The agency may grant, or the reviewing court may order, a stay upon appropriate terms.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1996–2022 · leading case: Platz v. State, Transp. Dep't, 303 P.3d 647 (Idaho Ct. App. 2013).
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Platz v. State, Transp. Dep't, 303 P.3d 647 (Idaho Ct. App. 2013). · cites it 8× “The agency may grant, or the reviewing court may order, a stay upon appropriate terms.” Idaho Rule of Civil Procedure 84 governs judicial review of agency actions by the district court.”
Comm. for Rational Predator Mgmt. v. Dep't of Agric., 931 P.2d 1188 (Idaho 1997). · cites it 2× “§ 67-5270(2), and then immediately seek a stay of the agency action pursuant to I.C. § 67-5274: Stay. — The filing of the petition for review does not itself stay the effectiveness or enforcement of the agency action.”
Great Beginnings Child Care, Inc. v. Off. of the Governor Ex Rel. Idaho Off. for Child., 911 P.2d 751 (Idaho 1996). · cites it 2× “Two days later, Great Beginnings filed motions for a temporary restraining order (TRO) and a stay of order or rule (the preliminary injunction) under I.C. § 67-5274 (1995). The trial court issued the requested ex parte TRO prohibiting the implementation of the new rules.”
S Bar Ranch v. Elmore Cnty. (Idaho 2022). · cites it 2× “Further, Idaho Rule of Civil Procedure 84 provides the procedures and standards of review 35 applicable to judicial review of local government actions if no stated procedure or standard of review is provided in statute.”
George Besaw, Jr. v. Transp. Dept. (Idaho Ct. App. 2013). · cites it 2× “84(m) tracks the language used in I.C. § 67-5274. However, while that language only refers to “petitions for review,” Rule 84 makes clear that judicial review includes “appeals” to the district court as well.”
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