SECTION 67.57. Reporters and Transcripts

(a) An official record shall be made in all Proceedings by electronic sound or video recording. In Proceedings where arrangements are made for stenographic recording, an official reporter shall make and, when requested by any Party or Agency in writing, transcribe a stenographic record of the hearing. The reporter shall provide as many copies of the transcript as may be requested. Unless, otherwise provided by an agreement pursuant to §67.11 of this chapter (relating to agreements to be in writing), the Person or Agency requesting such transcription shall be responsible for all costs associated with the transcription.

(b) To the extent that any motion by any Party or any Order arising from any motion results in additional costs associated with official reporting of the hearing, the Person or Agency making the motion shall be responsible for the payment of those additional costs. Such costs include, but are not limited to transcription and appearance fees incurred as the result of continuance, cancellation, or postponement of the hearing. Payment of any outstanding additional costs associated with official reporting of the hearing is a prerequisite to the making of a stenographic record of the hearing.

(c) Errors claimed to be in a transcription of a contested hearing shall be noted in writing, and suggested corrections may be offered within ten (10) days after the transcript is filed with the Examiner, unless the Examiner shall permit suggested corrections to be offered thereafter. Suggested corrections shall be stated in a separate addendum to the transcript and shall be served in writing upon each Party and the Examiner. If not objected to within twelve (12) days after being offered, the Examiner will direct that such suggested corrections be made and the manner of making them. In the event that Parties disagree on suggested corrections, the Examiner, with the aid of evidence and argument from the Parties, shall then determine the manner in which the record shall be changed, if at all.

Source Note: The provisions of this §67.57 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective March 18, 2002, 27 TexReg 2058; amended to be effective September 14, 2006, 31 TexReg 7359