Rule 242.35 - Stay Pending Appeal(a) Procedure. A party may move the Hearing Board or the Presiding Disciplinary Judge, as applicable, to stay the operation of a final decision pending appeal. The entity that issued the final decision is the entity with authority to decide the motion. The motion must be filed on or before the date on which the notice of appeal is due under C.R.C.P. 242.34.(b) Applicability. It is within the discretion of the Hearing Board or the Presiding Disciplinary Judge, as applicable, to grant a motion for stay pending appeal. The Hearing Board or the Presiding Disciplinary Judge, as applicable, must make findings of fact and determine whether to grant the stay, with or without conditions. In making the findings and determination, the Hearing Board or the Presiding Disciplinary Judge, as applicable, will consider the parties' submissions, the final decision's findings of fact, and evidence adduced at any applicable hearing. A respondent subject to disbarment is presumed ineligible for a stay. A respondent who is required to petition for reinstatement under C.R.C.P. 242.39 will not be granted a stay unless the Hearing Board or the Presiding Disciplinary Judge, as applicable, finds that the respondent's practice of law during the appeal is unlikely to harm the public and that the granting of a stay would not undermine public confidence in the legal system. A respondent who is not required to petition for reinstatement under C.R.C.P. 242.39 will be granted a stay unless the Regulation Counsel establishes that the respondent's practice of law during the appeal would pose an unreasonable risk of harm to the public.(c) Seeking Relief from Supreme Court. Either party may move the supreme court for relief from an order entered under subsection (b) above within 14 days thereof. The motion must state the reasons for the relief requested and the facts relied upon, and must be accompanied by a copy of the final decision and the order entered under subsection (b). The supreme court will review the motion under an abuse of discretion standard.(d) Jurisdiction Over Motion to Lift Stay. Although the supreme court has exclusive jurisdiction over an appeal, the Hearing Board or the Presiding Disciplinary Judge, as applicable, retains jurisdiction to issue, modify, or lift a stay pending appeal that was issued under subsection (b) above. The Hearing Board or the Presiding Disciplinary Judge, as applicable, may lift a stay if conditions attached to the stay no longer protect the public or if the respondent has failed to comply with the conditions imposed. If the Hearing Board that issued the final decision subject to appeal is unavailable, the Presiding Disciplinary Judge may decide the matter.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.