Adopted

 

AMENDMENT NO 1 PROPOSED TO

 

Cmte Sub for House Bill No. 1103

 

BY: Representative Tullos

 

     AMEND on lines 138 through 145 by deleting all underlined language starting with the word "when" and inserting in lieu thereof the following:

     "When an appeal is made within thirty (30) days of any order, rule or decision of the commission, the appeal shall act as a supersedeas, and the order, rule or decision rendered by the commission shall be stayed until a final judgment is entered by a court of competent jurisdiction.  However, the commission may file a motion within ten (10) days of the date of the filing of the appeal requesting the court to lift the supersedeas upon the commission's showing by clear and convincing evidence that immediate and irreparable harm will or may occur if the licensee or person aggrieved were to continue operating as a licensed broker.  Whenever a conflict with the provisions of this subsection and any court rule arises, the provisions of this subsection shall control and supersede the court rule."