Revised Code of Washington

Wash. Rev. Code § 34.05.550 (2026)

Stay and other temporary remedies

✓ current as of May 2026
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(1) Unless precluded by law, the agency may grant a stay, in whole or in part, or other temporary remedy.
(2) After a petition for judicial review has been filed, a party may file a motion in the reviewing court seeking a stay or other temporary remedy.
(3) If judicial relief is sought for a stay or other temporary remedy from agency action based on public health, safety, or welfare grounds the court shall not grant such relief unless the court finds that:
(a) The applicant is likely to prevail when the court finally disposes of the matter;
(b) Without relief the applicant will suffer irreparable injury;
(c) The grant of relief to the applicant will not substantially harm other parties to the proceedings; and
(d) The threat to the public health, safety, or welfare is not sufficiently serious to justify the agency action in the circumstances.
(4) If the court determines that relief should be granted from the agency's action granting a stay or other temporary remedies, the court may remand the matter or may enter an order denying a stay or granting a stay on appropriate terms.
[ 1989 c 175 s 25; 1988 c 288 s 511.]

Notes:

Effective date1989 c 175: See note following RCW 34.05.010.
Notes of Decisions
Cited in 7 cases, 1993–2017 · leading case: In Re the License Application of Botany Unlimited Design & Supply, LLC, 391 P.3d 605 (Wash. Ct. App. 2017).
In Re the License Application of Botany Unlimited Design & Supply, LLC, 391 P.3d 605 (Wash. Ct. App. 2017). · cites it 3× “RCW 34.05.550. Of particular interest here is the second subsection of the statute: After a petition for judicial review has been filed, a party may file a motion in the reviewing court seeking a stay or other temporary remedy.”
Nielsen v. Dep't of Licensing, 309 P.3d 1221 (Wash. Ct. App. 2013). “For example, RCW 34.05.550 authorizes courts to grant a stay in an administrative appeal and other temporary remedies to applicants potentially harmed by agency action.”
King Cnty. v. Cent. Puget Sound Growth Mgmt. Hearings Bd., 951 P.2d 1151 (Wash. Ct. App. 1998). “See RCW 34.05.550(2). 65 See Friends of the Law v.”
City of West Richland v. Dep't of Ecology, 103 P.3d 818 (Wash. Ct. App. 2004). “RCW 34.05.550; Cheek, 107 Wn. App. at 83 (citing City of Seattle v.”
Boise Cascade Corp. v. Washington Toxics Coalition, 843 P.2d 1092 (Wash. Ct. App. 1993). “RCW 34.05.550(1) provides that, "[u]nless precluded by law, the agency may grant a stay, in whole or in part, or other temporary remedy".”
Kai Nielsen v. Dep't Of Licensing (Wash. Ct. App. 2013). “10 Whetheror not the legislature considered that a licensee might choose to forego an appeal to immediately obtain an Interlock License, the legislature has a legitimate interest in defining when, if, and how any interim relief should be available to an appellant during the…”
City of West Richland v. Doe, 103 P.3d 818 (Wash. Ct. App. 2004). “RCW 34.05.550; id (citing City of Seattle v.”
— Wash. Rev. Code § 34.05.550(1) — 1 case
Boise Cascade Corp. v. Washington Toxics Coalition, 843 P.2d 1092 (Wash. Ct. App. 1993). “RCW 34.05.550(1) provides that, "[u]nless precluded by law, the agency may grant a stay, in whole or in part, or other temporary remedy".”
— Wash. Rev. Code § 34.05.550(2) — 2 cases
In Re the License Application of Botany Unlimited Design & Supply, LLC, 391 P.3d 605 (Wash. Ct. App. 2017). “RCW 34.05.550. Of particular interest here is the second subsection of the statute: After a petition for judicial review has been filed, a party may file a motion in the reviewing court seeking a stay or other temporary remedy.”
King Cnty. v. Cent. Puget Sound Growth Mgmt. Hearings Bd., 951 P.2d 1151 (Wash. Ct. App. 1998). “See RCW 34.05.550(2). 65 See Friends of the Law v.”
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