Stay of the Secretary's decision

(a) Pending judicial review, the respondent may file a request for stay of the effective date of any penalty with the ALJ. The request must be accompanied by a copy of the notice of appeal filed with the Federal court. The filing of the request automatically stays the effective date of the penalty until such HIPAA Administrative Simplification Regulation Text March 2013 36 time as the ALJ rules upon the request. (b) The ALJ may not grant a respondent's request for stay of any penalty unless the respondent posts a bond or provides other adequate security. (c) The ALJ must rule upon a respondent's request for stay within 10 days of receipt.