(1) All
parties to a case may stipulate to a correction to the transcript. The original
of any such stipulation shall be filed with the commission secretary, and a
copy thereof shall be served on the court reporter by the party initiating the
stipulations.
(2) If the parties
are unable to stipulate to correction of the transcript, then within ten days
after service of the notice of transcript filing a party seeking to make
corrections shall send to the court reporter a list of the proposed
corrections, by page and line number, setting forth the language as it appears
in the transcript and the language as the party believes it should appear. The
list shall also include adequate space for the court reporter to make the
annotations required by Subparagraph b of this Paragraph.
(a) A copy of the correspondence with the
court reporter shall be sent to each other party to the case, but shall not be
filed with the commission at the time it is sent.
(b) Upon receipt of the proposed transcript
corrections, the court reporter will check the original stenographic record and
will indicate, in the space provided for each proposed correction:
(i) concurrence, if the court reporter agrees
with the proposed correction;
(ii)
non-concurrence, if the court reporter believes the original language is
correct; or
(iii) the language as
it should appear, if the court reporter determines that the original language
is in error but does not agree with the proposed correction.
(c) Upon completion of the actions
required by Subparagraph b of this Paragraph, the court reporter shall return
the annotated list of proposed corrections to the party submitting
it.
(d) Upon receipt of the
annotated list of proposed transcript corrections, the initiating party shall
prepare an appropriate document in the format illustrated in Section 1000 [now
11.5.5.1000 NMAC], attach the proposed corrections as an exhibit, file the
document with the commission secretary, and serve a copy on each other party
and on the court reporter.
(e) Any
other party may file objections to the proposed transcript corrections within
five (5) days after the date of service of the corrections. Any party filing
objections shall serve a copy of the objections on each other party to the case
and on the court reporter.
(i) In the absence
of a timely objection, the proposed transcript corrections as annotated by the
court reporter shall be accepted as accurate.
(ii) If a timely objection is filed, the
hearing officer shall rule on such objections. Such ruling shall be without
hearing, unless otherwise ordered by the hearing officer. A copy of such ruling
shall be served by the commission secretary on each party and on the court
reporter.
(3)
The commission secretary shall enter on the original transcript of hearing in
the case file all corrections made pursuant to this Subsection, and shall enter
and sign the following annotation on the first page of the transcript:
"Transcript corrections made pursuant to [stipulation] [proposed corrections]
[order] filed [date of filing]."