The Record

(A) All documents and other evidence offered and taken become part of the record. The record further contains electronic or stenographic recordings of the proceedings or transcripts of such recordings, if produced, and all exhibits and documents introduced at the hearing and, wherever applicable, medical documents obtained to resolve medical issues. The record is the exclusive source of facts for the hearing officer's decision. For purposes of judicial review, the record includes the decision, but does not include recordings or transcripts of the proceedings unless requested by the appellant. If the appellant requests a recording or transcript, the appellant bears the cost of producing such recording or transcript unless such cost is waived by the MassHealth agency or the court. (B) All evidence and testimony at the hearing are recorded either electronically by the hearing officer or stenographically. (C) At the discretion of the hearing officer, any party may record the hearing, as long as the request to record is made to the hearing officer and the other party before the hearing commences. (D) Regardless of whether an appellant intends to file a complaint for judicial review, transcripts or duplicate tapes of the proceedings are supplied, upon request by the appellant, at his or her expense. The record is open for inspection by any party during the regular business hours of BOH. To review the record, an appointment must be made with BOH in advance. Requests for appointments shall be addressed as expeditiously as possible. (130 CMR 610.075 through 610.080 Reserved)