3812.1 The 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 or designated hearing officer 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 by audio tape, any subsequent preparation of a transcript of the proceeding from the audio tape, for any reason, including an appeal by the respondent, shall be paid for by the respondent, and two complete copies of the transcribed proceedings shall be provided to the Commissioner at the respondent's expense.

3812.2 The record of a hearing shall include:

1. (a) All pleadings, motions, orders, and related papers filed with the Commissioner or designated hearing officer;
2. (b) All documentary and tangible evidence;
3. (c) A statement of matters officially noticed;
4. (d) Recordings and any transcripts of oral proceedings;
5. (e) The findings of fact and conclusions of law proposed by each party;
6. (f) Any exceptions filed by the parties and the rulings of the Commissioner or designated hearing officer on those exceptions;
7. (h) If a case has been delegated to a hearing officer for a proposed decision:
8. (1) The notice of delegation,
9. (2) Any order rescinding the delegation, whether in part or in whole,
10. (3) The proposed decision, including proposed findings of fact and proposed conclusions of law, of the hearing officer,
11. (4) Any exceptions filed by the parties with respect to the designated hearing officer's proposed decision,
12. (5) The Commissioner's rulings on any exceptions and the designated hearing officer's proposed findings of fact or conclusions of law, and
13. (6) Any additional information or documentation submitted to the Commissioner by the parties;
14. (g) The final findings of fact, conclusions of law, and final decision and order of the Commissioner; and
15. (j) Other documents or material placed in the record as required by law or at the discretion of the Commissioner or designated hearing officer.

3812.3 Upon compilation, the record shall be available for public inspection at the Department during normal business hours unless the contents are otherwise protected by law.

3812.4 The 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: Final Rulemaking published at 50 DCR 6433(August 8, 2003).