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37.115.2211    RECORD, TRANSCRIPT, COSTS OF TRANSCRIPTION

(1) The hearing examiner shall maintain the record as provided in 2-4-214, MCA, including all pleadings, all evidence submitted, all prehearing rulings, and either an audio recorded or stenographic transcription of the hearing.

(2) A party who requests that a court reporter attend the hearing to provide a record must pay the costs of the court reporter's time spent at the hearing. If more than one party requests a court reporter, any fee for the court reporter's time spent at hearing shall be split among the requesting parties.

(3) The stenographic record of oral proceedings or any part of the stenographic record must be transcribed on request of any party.

(4) The cost of transcription of any portion of the record, whether transcribed from an audio recording or from a court reporter's electronic or other notes, must be paid by the party requesting that portion of the record. If both parties request copies of a transcript, the transcription costs, including the costs of a transcript to be provided to the hearing examiner or to a court on judicial review, will be split between the parties and each party shall pay for its own copy of the transcript.

(5) The court reporter shall submit an invoice with the transcript when it is furnished. The court reporter may withhold delivery of the transcript until the transcription fee is paid or satisfactory arrangements have been made for payment of the transcript.

History: 50-53-103, MCA; IMP, 2-4-614, 3-5-604, MCA; NEW, 2010 MAR p. 80, Eff. 1/15/10.

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