Utah Admin. Code R151-4-711 - Record of Hearing
(1) The
presiding officer shall make a record of prehearing conferences and
hearings.
(2)
(a) The presiding officer shall make the
record of a hearing in a formal proceeding by:
(i) a certified court reporter as defined by
Title 58, Chapter 74, State Certification of Court Reporters Act; or
(ii) a digital audio or video recording in a
commonly used file format.
(b) The presiding officer shall make the
record of a hearing in an informal proceeding by:
(i) a method required for a formal
proceeding; or
(ii) the minutes of
the proceeding or an order prepared or adopted by the presiding
officer.
(3)
A hearing in an adjudicative proceeding shall be recorded at the expense of the
department.
(4)
(a) If a party is required by Section
R151-4-902
to obtain a transcript of a hearing for agency review, the party shall ensure
that the record is transcribed:
(i) in a
formal adjudicative proceeding, by a certified court reporter; or
(ii) in an informal adjudicative proceeding,
by:
(A) a certified court reporter;
or
(B) a person who is not a party
in interest.
(b) If a transcript is prepared by someone
other than a certified court reporter, a party shall file an affidavit of the
transcriber stating under penalty of perjury that the transcript is a correct
and accurate transcription of the hearing record.
(c) Pages and lines in a transcript shall be
numbered for referencing purposes.
(d) The party requesting the transcript shall
bear the cost of the transcription.
(5) The original transcript of a record of a
hearing shall be filed with the presiding officer.
Notes
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