| (a) Unless precluded by law, the hearing shall be recorded
electronically by tape recorder or similar device either by the IHO
or by someone designated by the IHO. The tape recording is the official
record of the testimony offered as evidence during the hearing. Any
party, however, may request, at the party's expense, that the hearing
be recorded by a court reporter if the request is made within ten
days of the date for the hearing.
(b) In lieu either of a recording of the testimony
electronically or of the reporting of testimony by a court reporter,
the parties to a hearing may agree upon a statement of the evidence,
agree to use taped transcriptions as a statement of the testimonial
evidence, or agree to the summarization of testimony before the impartial
hearing officer; provided, however, that proceedings or any part of
them must be transcribed on written request of any party.
(c) Unless otherwise provided in this subchapter, the
party requesting a transcription of any electronic recording of the
proceedings shall bear the cost for transcribing any such electronically
recorded testimony. Nothing provided for in this section limits DARS
to a stenographic record of the proceedings.
|
