Administrative Hearing Record

TITLE 89: SOCIAL SERVICES CHAPTER II: DEPARTMENT ON AGING PART 270 ADULT PROTECTION AND ADVOCACY SERVICES SECTION 270.472 ADMINISTRATIVE HEARING RECORD Section 270.472  Administrative Hearing Record a)         The administrative record will consist of: 1)         The recording of testimony and exhibits, or an official reporting containing the substance of what happened at the hearing; 2)         All pleadings, materials and requests submitted in the proceeding; 3)         The ALJ recommendation, if applicable; and 4)         The final administrative decision. b)         The parties will be under a duty to keep the record to a reasonable minimum whenever possible. In all cases, the record will be limited to issues that are legitimately in dispute. Documents or other items that pertain to factual matters that are not being contested or challenged, or that may be redundant or repetitive, may be excluded from the record at the discretion of the ALJ. c)         The Department/other entity will make an electronic recording of the hearing. The electronic recording will serve as the official documentation of the hearing. The recording will not be transcribed unless requested by a party; the requesting party will pay for the transcription of the portion requested, except as otherwise provided by law. The transcription will not constitute the official documentation of the proceeding unless expressly adopted by the Department/other entity. d)         The Department/other entity will be the official custodian of the administrative records of administrative proceedings held before it. Access to the administrative records will be provided for by written agreement between the Department and other entities. e)         The record will be preserved as confidential consistent with Section 270.418.