North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0500 - HEARINGS › Section 03 .0506 - TRANSCRIPT OF TESTIMONY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Hearings,
				including testimony and argument (on request) shall be transcribed verbatim. If
				review is directed by the Board, the Board will order the transcript and notify
				the parties when it is filed with the Board. If a petition for review is filed,
				the petitioner shall, at the time of filing, order the transcript and ensure
				that one copy is filed with the Board. The Board will notify parties when the
				transcript is filed with the Board.
(b) The public proceedings conducted by the
				Review Board and by its hearing examiners may be recorded by an audio-tape
				recorder by any person in attendance. The Chairman of the Review Board, or the
				hearing examiner shall control the manner of any tape recording process to
				ensure that it is not disruptive to the proceeding.
(c) Should it become impossible or extremely
				impractical for the court reporter to prepare a transcript of the evidence
				because of mechanical failure, loss or destruction of tapes or notes, or for
				any other reason, it shall become the duty of the parties to prepare a summary
				of evidence from their trial notes and best recollection. The prevailing party,
				or the party designated by the hearing examiner, shall have 30 days from the
				date notice is sent to him by the hearing examiner or the Review Board in which
				to prepare and serve upon opposing party his proposed summary of evidence. The
				opposing party shall review it and if he disagrees with any portion thereof, or
				believes that the summary is not complete, he shall have 20 days in which to
				serve upon the prevailing party any proposed revisions, including any deletions
				and additions. If the prevailing party agrees to such revisions, the two
				parties shall sign a certification that the summary of evidence is agreed by
				them to accurately reflect the substance of the testimony and other evidence
				presented at the hearing. If the parties cannot agree, their respective
				versions of the summary shall be submitted to the hearing examiner and he or
				she shall review the proposals, together with the hearing examiner's trial
				notes, and thereafter enter a ruling as to what constitutes the summary of
				evidence, which shall thereafter be treated for all purposes as the transcript
				of the proceedings.
(d) Errors in
				the transcript of the hearing may be corrected by the hearing examiner on his
				own motion, or on the motion of a party. Each correction will be made by hand
				with pen and ink and initialed by the hearing examiner, or the hearing examiner
				may sign and attach an errata sheet.
Authority
				  G.S.
				  95-135;
Temporary Rule Eff.
				  October 2, 1991 For a Period of 180 Days to Expire on March 30,
				  1992;
Eff. February 3, 1992;
Amended Eff. April 1,
				  1993;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.