California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1038 - Ordering the Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Any person may request a copy of all or a portion of the record, subject to any
				protective orders or provisions of law prohibiting disclosure. The complete
				record includes the pleadings, all notices and orders issued by the agency, any
				proposed decision by an ALJ, the final decision, a transcript of all
				proceedings, all exhibits whether admitted or rejected, the written evidence
				and any other papers in the Case, except as provided by law.
(b) Except as provided in (f), no portion of
				the record will be prepared until the requesting person has paid a deposit
				equal to the estimated cost of preparation. The deposit will be applied to the
				actual cost and any excess will be returned to the person who submitted it. The
				record will not be released until the person ordering the record has paid any
				balance due for the actual cost of preparing the record.
(c) If OAH has contracted for the
				stenographic reporting or tape recording of the proceeding, a person may
				contact the OAH transcript clerk to order and pay for preparation of all or a
				portion of the transcript in the Case. If the agency for whom OAH has conducted
				the proceeding has contracted for the stenographic reporting or tape recording,
				a person seeking to order all or a portion of the transcript or a copy of the
				tape must contact the agency directly.
(d) Any person may contact the OAH transcript
				clerks or the agency to order and pay for copying of any other portions of the
				record in a Case, except as provided in (c).
(e) If the official record of the Hearing or
				other proceeding was made by audio tape, copies of the audio tape(s) are
				available upon written request to the OAH transcript clerk and payment of the
				costs of duplication, except as provided in (c). Copies of audio tapes and
				transcripts made from the copies are not part of the official record.
(f) A party seeking a waiver of fees and
				costs to prepare the record for the purpose of judicial review under Code of
				Civil Procedure section
				1094.5
				who has been declared
in forma pauperis
(Government Code
				section
				68511.3)
				shall submit a valid order issued by the Superior Court.
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Interim regulation, including
				  amendment of subsection (h), filed 5-19-98 as a permanent regulation pursuant
				  to Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
3. Repealer and new section filed 7-1-2003;
				  operative 7-1-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 27).
4. Editorial correction adding text of new
				  section and correcting HISTORY 3 (Register 2003, No. 33).
5.
				  Amendment of section and NOTE field 10-13-2004; operative 12-1-2004 (Register
				  2004, No. 42).
6. Change without regulatory effect amending
				  subsection (b) and NOTE field 12-29-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 52).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Section
					 1094.5,
					 Code of Civil Procedure; Sections
					 11512 and
					 11523,
					 Government Code; and Section
					 985, California Rules of
					 Court.