SECTION 81.8. Hearing Exhibits and Record

(a) Every hearing shall be recorded by a court reporter unless the parties agree otherwise and not required by the State Office of Administrative Hearings (SOAH) rules.

(b) The party requesting a transcript shall pay the cost of the transcript.

(c) A party who appeals a final Board decision shall pay the preparation costs of the original and any certified copy of the record required to be transmitted to the reviewing court.

(d) The record shall include:

(1) all pleadings filed with the Board or the Administrative Law Judge (ALJ);

(2) all exhibits admitted by the ALJ;

(3) a statement of the matters officially noticed;

(4) questions and offers of proof, objections, and rulings;

(5) the ALJ's Proposal for Decision;

(6) all written rulings or orders by the ALJ;

(7) all correspondence filed with the ALJ;

(8) the transcribed statement of facts; and

(9) the Board's final order.

(e) In determining the cost of preparing the record, the Board shall use the same procedure as the Board would in responding to an open records request under the Public Information Act.

Source Note: The provisions of this §81.8 adopted to be effective June 30, 2020, 45 TexReg 4031