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RULE §81.8Hearing Exhibits and Record

(a) Because of the often voluminous nature of the records properly received into evidence by the Administrative Law Judge (ALJ), the party introducing such documentary evidence may paginate each such exhibit or flag pertinent pages in each such exhibit in order to expedite the hearing and the decision-making process.

(b) Each hearing will be recorded by a court reporter unless the parties agree otherwise and not required by the SOAH rules. The cost of the transcription of the statement of facts shall be borne by the party requesting the transcript. The request shall be sent directly to the court reporter, with written notice to the other party of the request.

(c) A party who appeals a final decision of the board shall pay all of the costs of preparation of the original and any certified copy of the administrative record of the proceeding that is required to be transmitted to the reviewing court.

  (1) The record in a contested case shall include the following listed in subparagraphs (A) - (I) of this paragraph:

    (A) all pleadings filed with the board or the ALJ;

    (B) all exhibits admitted by the ALJ;

    (C) a statement of the matters officially noticed;

    (D) questions and offers of proof, objections, and rulings thereon;

    (E) the proposal for decision of the ALJ;

    (F) all written rulings or orders by the ALJ;

    (G) all party correspondence filed with the ALJ in connection with his or her consideration of the case;

    (H) the transcribed statement of facts (Q & A testimony) from the hearing unless the parties have stipulated to all or part of the statement of facts; and

    (I) the final order of the board.

  (2) Calculation of costs for preparation of the administrative record is governed by the same procedure utilized by the board in preparing documents responsive to open records requests pursuant to the Public Information Act. These costs shall include the cost of research, document retrieval, copying, and labor.

Source Note: The provisions of this §81.8 adopted to be effective January 29, 2015, 40 TexReg 380; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963

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