R151-4-711
R151-4-711. Record of Hearing
Cite as Utah Admin. Code R151-4-711
(1) The presiding officer shall make a record of any conferences or proceedings.
(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 recording in a commonly used file format.
(b) The presiding officer shall make the record of 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 proceeding at its expense.
(4)(a) If a party is required by Section R151-4-902 to obtain a transcript of a proceeding 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 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.
(e)(i) The presiding officer may strike a transcript prepared by someone other than a certified court reporter if the presiding officer determines that the transcript contains significant errors.
(ii) Upon striking a transcript, the presiding officer may order the party to file a transcript prepared by a certified court reporter.
(5) A party shall file the original transcript of a record of a proceeding with the presiding officer.