Section 26-B312. RECORD OF PROCEEDINGS

 

312.1The Department shall cause all oral proceedings, including testimony, to be recorded by a stenographer or by tape recorder or other device. The recording of the proceedings, which need not be transcribed, shall be maintained in the custody of the Department. If the Commissioner orders that the proceeding be transcribed by an official court reporter, the respondent shall bear the costs of such recording of the proceeding. If the proceeding is recorded only by audio tape, the cost of any subsequent preparation of a transcript of the proceeding from the audio tape, for any reason, including an appeal by the respondent, shall be borne by respondent, and two complete copies of the transcript shall be provided to the Commissioner at the respondent's expense.

 

312.2The record of a hearing shall include:

 

(a)All pleadings, motions, orders, and related papers filed with the Commissioner;

 

(b)All documentary and tangible evidence;

 

(c)A statement of matters officially noticed;

 

(d)Recordings and any transcripts of oral proceedings;

 

(e)The findings of fact and conclusions of law proposed by each party;

 

(f)Any exceptions filed by the parties and the Commissioner's rulings on those exceptions;

 

(h)If a case has been delegated to a hearing officer for a proposed decision:

 

(1)The notice of delegation,

 

(2)Any notice of revocation,

 

(3)The proposed decision, including proposed findings of fact and proposed conclusions of law, of the hearing officer,

 

(4)Any exceptions filed by the parties,

 

(5)The Commissioner's rulings on any exceptions and proposed findings of fact or conclusions of law, and

 

(6)Any additional information or documentation submitted to the Commissioner by the parties;

 

(g)The final findings of fact, conclusions of law, and final decision and order of the Commissioner; and

 

(j)Other documents or material placed in the record as required by law or at the discretion of the Commissioner.

 

312.3Upon compilation, the record shall be available for public inspection at the Department during normal business hours unless the contents are otherwise protected by law, or by order of the Commissioner.

 

312.4The Department, upon request of any person, shall arrange for a copy of the record to be made, if the requesting person pays in advance to the Department the estimate of the reasonable cost of making the copy. The copy may be certified by the Commissioner upon request by any person.

 

source

As amended by final rulemaking published at 49 DCR 9285 (October 11, 2002).