Utah Admin. Code 151-4-711

Current through Bulletin 2024-23, December 1, 2024
Section R151-4-711 - Record of Hearing
(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.

Utah Admin. Code R151-4-711

Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021
Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022
Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024