Cal. Code Regs. Tit. 1, § 1038 - Ordering the Record
(a) Any person may request a copy
of all or a portion of the record, subject to any protective orders
or provisions of law prohibiting disclosure. The complete record
includes the pleadings, all notices and orders issued by the agency,
any proposed decision by an ALJ, the final decision, a transcript of
all proceedings, all exhibits whether admitted or rejected, the
written evidence and any other papers in the Case, except as provided
by law.
(b) Except as
provided in (f), no portion of the record will be prepared until the
requesting person has paid a deposit equal to the estimated cost of
preparation. The deposit will be applied to the actual cost and any
excess will be returned to the person who submitted it. The record
will not be released until the person ordering the record has paid
any balance due for the actual cost of preparing the
record.
(c) If OAH has
contracted for the stenographic reporting or tape recording of the
proceeding, a person may contact the OAH transcript clerk to order
and pay for preparation of all or a portion of the transcript in the
Case. If the agency for whom OAH has conducted the proceeding has
contracted for the stenographic reporting or tape recording, a person
seeking to order all or a portion of the transcript or a copy of the
tape must contact the agency directly.
(d) Any person may contact the OAH
transcript clerks or the agency to order and pay for copying of any
other portions of the record in a Case, except as provided in
(c).
(e) If the official
record of the Hearing or other proceeding was made by audio tape,
copies of the audio tape(s) are available upon written request to the
OAH transcript clerk and payment of the costs of duplication, except
as provided in (c). Copies of audio tapes and transcripts made from
the copies are not part of the official record.
(f) A party seeking a waiver of
fees and costs to prepare the record for the purpose of judicial
review under Code of Civil Procedure section
1094.5
who has been declared in forma pauperis(Government Code section
68511.3)
shall submit a valid order issued by the Superior Court.
Notes
Note: Authority cited: Section 11370.5(b), Government Code. Reference: Section 1094.5, Code of Civil Procedure; Sections 11512 and 11523, Government Code; and Section 985, California Rules of Court.
2. Interim regulation, including amendment of subsection (h), filed 5-19-98 as a permanent regulation pursuant to Government Code section 11400.20; operative 5-30-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).
3. Repealer and new section filed 7-1-2003; operative 7-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 27).
4. Editorial correction adding text of new section and correcting History3 (Register 2003, No. 33).
5. Amendment of section and Note filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
6. Change without regulatory effect amending subsection (b) and Note filed 12-29-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 52).
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