Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-711 - Record of Hearing

Universal Citation: UT Admin Code R 151-4-711

Current through Bulletin 2024-06, March 15, 2024

(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) The department shall record a hearing in an adjudicative proceeding at its expense.

(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) A party shall file the original transcript of a record of a hearing with the presiding officer.

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