(a) When coverage is permitted. Proceedings that are
open to the public may be photographed or recorded, whether for broadcast
or personal use, in a manner that does not interfere with the orderly
conduct of the proceeding, unduly distract participants, or impair
the dignity of the proceedings. A person desiring to photograph or
record a SOAH proceeding must notify the judge before doing so. Photographing
or recording in a covert manner is prohibited.
(b) Recording or photographing any of the following
is prohibited:
(1) proceedings that are closed to the public;
(2) conferences between an attorney and client, witness,
or aide, or between attorneys;
(3) bench conferences or other deliberations of the
judge(s); or
(4) other privileged or confidential communications.
(c) Authority of presiding judge.
(1) The judge may deny, limit, or terminate any recording
or photographing that does not comply with this section.
(2) No proceeding will be delayed or continued for
the sole purpose of facilitating recording or photographing the proceeding.
(d) Equipment and personnel. The judge may specify
the placement of media personnel and equipment to permit reasonable
coverage or recording without disruption to the proceeding. Unless
the judge orders otherwise, the following standards apply to the placement
and operation of media equipment:
(1) If media coverage is sought by more than one person
or entity, the judge may require a pool system to be used. It will
be the responsibility of the media to resolve any disputes among themselves
as to which personnel will operate equipment in the hearing room.
(2) Equipment shall not produce distracting sound or
light. Moving lights, flash attachments, or sudden lighting changes
are prohibited.
(3) Operators shall not move equipment while the hearing
is in session or otherwise cause a distraction. All equipment shall
be in place in advance of the commencement of the proceeding.
(4) Media personnel operating outside the hearing room
shall not create a distraction and shall withdraw whenever necessary
to avoid restricting movement of persons passing through the hearing
room door.
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