1. (1) The presiding officer shall make a record of prehearing conferences and hearings.

2. (2)(a) The presiding officer shall make the record of a hearing in a formal proceeding by:

   1. (i) a certified court reporter as defined by Title 58, Chapter 74, State Certification of Court Reporters Act; or

      1. (ii) a digital audio or video recording in a commonly used file format.

   2. (b) The presiding officer shall make the record of a hearing in an informal proceeding by:

      1. (i) a method required for a formal proceeding; or
      2. (ii) the minutes of the proceeding or an order prepared or adopted by the presiding officer.
3. (3) The department shall record a hearing in an adjudicative proceeding at its expense.

4. (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:

   1. (i) in a formal adjudicative proceeding, by a certified court reporter; or

      1. (ii) in an informal adjudicative proceeding, by:

         1. (A) a certified court reporter; or
         2. (B) a person who is not a party in interest.
   2. (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.
   3. (c) Pages and lines in a transcript shall be numbered for referencing purposes.
   4. (d) The party requesting the transcript shall bear the cost of the transcription.
5. (5) A party shall file the original transcript of a record of a hearing with the presiding officer.

KEY: administrative procedures, adjudicative proceedings, government hearings

Date of Last Change: January 10, 2024

Notice of Continuation: June 10, 2025

Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)