| (a) All contested case hearings shall be recorded by
electronic means. Upon request, and payment of the required fees,
any person may be provided a copy of this recording.
(b) Upon written request by any party, a transcript
of the hearing shall be made. The cost of the preparation of such
transcript shall be borne by the requesting party. The transcript
shall be filed with the administrative law judge and made part of
the record of the case. Parties may purchase copies of a transcript
upon payment of applicable charges.
(c) Errors claimed in any transcription shall be noted
in writing and suggested corrections may be offered within 10 days
after the transcript is filed with the administrative law judge. Such
time for suggested corrections may be extended by the administrative
law judge. Suggested corrections shall be served in writing upon each
party of record and upon the administrative law judge. If not objected
to within 10 days after being offered, the administrative law judge
shall direct that such suggested corrections be made and shall stipulate
the manner of making such corrections. In the event that parties disagree
on suggested corrections, the administrative law judge, with the aid
of argument and testimony from the parties, shall then determine the
manner in which the record shall be changed.
(d) In addition to preparation of a transcript upon
the request of a party, transcripts shall be prepared when a final
order is appealed to district court. The party appealing the final
order to district court shall pay all or a part of the cost of preparation
of the transcript of the hearing.
(e) A party may elect to preserve the proceedings by
stenographic or electronic means, or by use of a certified shorthand
reporter. Such record may be designated as the official record by
the chief administrative law judge upon notice to parties and opportunity
to request a hearing. The cost of such record shall be borne by the
party requesting the same.
(f) Any party wishing to record a contested case hearing
independently shall file a motion requesting permission no later than
five days before the hearing. The administrative law judge shall grant,
deny, or prescribe conditions governing such recordings as justice
and hearings decorum may require.
(g) Nothing in this section shall be construed so as
to limit the authority of the administrative law judge to control
the orderly conduct and decorum of the hearing.
|
| Source Note: The provisions of this §1.19 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective December 8, 2022, 47 TexReg 8039 |
