(1) The record in a contested case shall include all documents listed in the Office of Administrative Hearings docket, including without limitation:

(a) all pleadings, motions, intermediate rulings;

(b) all evidence received or considered, including a stenographic record of oral proceedings when requested by a party;

(c) a statement of matters officially noticed;

(d) questions and offers of proof, objections and rulings thereon;

(e) proposed findings and exceptions; and

(f) any decision, opinion, or report by the hearing officer presiding at the hearing.

(2) The hearing will be recorded electronically unless a party requests a stenographic record. The cost of the transcription shall be paid by the requesting party. If provided, an original transcript shall be included in the record of the contested case.

(3) If an electronic recording of any hearing or proceeding is defective or cannot be transcribed, the hearing officer may reconstruct the record or the parties may reconstruct the record by stipulation.

History: 49-2-204, 49-3-106, MCA; IMP, 2-4-614, 49-2-505, 49-3-315, MCA; NEW, 2008 MAR p. 2636, Eff. 12/25/08.