Current through August 26, 2024
(1) METHOD OF
RECORDING.
(a) The administrative law judge
shall provide for a stenographic or electronic recording of oral proceedings in
a contested case. Proceedings shall be electronically recorded unless a board
is the final decision maker or the administrative law judge determines that a
stenographic record is necessary, in which case, the office or administrative
law judge shall provide for the stenographic record.
(b) Instead of an electronic recording of
oral proceedings, any party may provide for a stenographic record at the
party's own expense. A party other than the office that provides for a
stenographic record shall furnish the administrative law judge with the
original and the attorney for the office, if any, with a copy of the transcript
at no cost.
(c) Any party may make
his or her own electronic audio recording of a proceeding.
(2) ELECTRONIC RECORDING; COPIES. If the
administrative law judge makes an electronic recording of oral proceedings in a
contested case, the administrative law judge shall furnish a copy of the
recording to any party who requests a copy. The fee for an audio cassette
recording is $10.00 per cassette or any part of a cassette, except as provided
in sub. (4).
(3) TRANSCRIPT.
(a)
1. The
administrative law judge may order the preparation of a transcript from an
electronic recording at the request of the parties or at the administrative law
judge's discretion.
2. If some or
all parties agree that a transcript is needed, the administrative law judge
shall furnish each party requesting a transcript with a copy of the prepared
transcript. The parties requesting a transcript shall share the cost of
preparation equally, except as provided in sub. (4).
(b) Any party, within 14 calendar days after
the date the transcript is delivered or mailed, may file with the
administrative law judge a written notice of any claimed error, and shall serve
a copy of the notice on every other party. Any other party may contest the
claimed error within 20 calendar days after the date the notice was mailed or
delivered by notifying the administrative law judge and the other parties. The
administrative law judge shall make a determination on the claim of error and
shall notify all parties of any corrections.
(c) If the office prepares a written
transcript for its own purposes, or at the request of any party for purposes of
judicial review under s.
227.53,
Stats., the office shall assume the cost of transcription. Any person may
obtain a copy of the transcript by paying the office's standard copying fee for
public records.
(4)
COPIES FOR INDIGENT PARTIES. The office or administrative law judge shall
furnish a free copy of the transcript, if one has been prepared, or of the
electronic recording of proceedings to any party who submits a written motion
and demonstrates to the administrative law judge's satisfaction that the party
has a legal need for it and cannot afford to purchase a copy. The request shall
include the purpose for which the copy is needed.
