1. (1) Record of oral proceedings. Oral proceedings in a contested case shall be stenographically or electronically recorded. Oral proceedings in a contested case shall be electronically recorded unless the administrative law judge determines that a stenographic record is necessary and the department approves the creation of a stenographic record.
2. (2) Electronic recording; copies. If an oral proceeding in a contested case is electronically recorded, a copy of the recording shall be furnished at cost to any party who requests a copy.
3. (3) Written transcript. Upon request by any party, the department shall provide the requester with a written transcript of oral proceedings in a contested case. The written transcript may be made from an electronic recording of the oral proceedings. The department shall charge a fee for the written transcript as provided under sub. (4). If the department provides a written transcript of a contested case proceeding to any requester, the department shall inform every party to that case that the written transcript is available.

4. (4) Transcript fees. If the department provides a written transcript to a requester under sub. (3), the department shall charge a fee as follows:

   1. (a) Except as provided under par. (b) or (c), the department shall charge the requester a transcription fee that covers the department’s per page transcription costs plus a copying fee of $.25 per page. If 2 or more parties request a written transcript, the department shall charge each requester a copying fee of $.25 per page, but may divide the transcription fee equitably among the requesters.
   2. (b) If the department prepares a written transcript for its own purposes, or at the request of any party for purposes of a judicial review proceeding under s. 227.53, Stats., the department shall assume the costs of transcription. Any party may obtain a copy of the transcript for a copying fee of $.25 per page.
   3. (c) The department may provide a written transcript free of charge to a requesting party if the requesting party demonstrates, to the department’s satisfaction, that the requesting party is impecunious and has a legal need for the transcript.
5. (5) Information protected from disclosure. This section does not require the department to disclose information in violation of an order under s. ATCP 1.25 (2) (b).

History

History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1), Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (1) to (3), (4) (a), (b) Register December 2010 No. 660, eff. 1-1-11.