SECTION 105.19. Record

(a) The record in a contested case includes the following:

(1) all pleadings, motions, and intermediate rulings;

(2) evidence received or considered;

(3) a statement of matters officially noticed;

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

(5) proposed findings and exceptions;

(6) any decision, opinion, or report by the Administrative Law Judge at the hearing; and

(7) all briefs, memoranda, or data submitted to or considered by the Administrative Law Judge or by members of the agency who are involved in making the decision.

(b) In the event a final decision or order is appealed and the agency is required to transmit to the reviewing court a copy of the record of the administrative proceeding, or any part thereof, the appealing party shall pay all of the costs of the preparation of any original or certified copy of the record of the administrative proceeding that is required to be transmitted to the reviewing court. The charges imposed by this subsection will be the same as those charged by the agency for requests for photographic reproductions and certified copies of public records made pursuant to the provisions of the Public Information Act, Texas Government Code, Chapter 552. These charges are considered to be a court cost and may be assessed, all or in part, by the reviewing court in accordance with the Texas Rules of Civil Procedure.

Source Note: The provisions of this §105.19 adopted to be effective April 3, 2012, 37 TexReg 2165