| (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 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 no later than
10 days before the date of the hearing.
(b) In lieu 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 recorded transcriptions as a statement of the testimonial evidence,
or agree to the summarization of testimony before the IHO, provided,
however, that proceedings or any part of them shall 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 the
Agency to a stenographic record of the proceedings.
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