Section 465IAC3-3-19. Hearing records and transcripts

   (a) As used in this section, "hearing record" includes the following:

(1) Any applicable documents, recording, transcript, or other item listed in IC 4-21.5-3-33.

(2) Any item listed in IC 4-21.5-3-33 that relates to an ancillary hearing conducted by the ALJ under any applicable statutory procedure relating to an administrative hearing under this rule.

  (b) As used in this section, "transcript" means a written transcription of an audio or video recording of a hearing included in the hearing record, prepared for purposes of the hearing decision or judicial review of that decision.

  (c) The hearing record of a hearing that is closed or confidential under applicable law is confidential and will be made available, upon request, only to a party or the authorized attorney or other designated representative of a party, unless release of the hearing record is ordered by a court in a case to which the person requesting the hearing record is a party, after notice to the parties to the administrative hearing and a court hearing.

  (d) The hearing record of a hearing that is not closed or confidential under applicable law will be made available, on request, to any person, subject to:

(1) exclusion or redaction of any portion of the record that is confidential under applicable law; and

(2) objection stated in writing by a party to the hearing, as provided in subsection (e).

  (e) A person who is not a party in a hearing to which subsection (d) applies, and who desires to obtain a copy of all or any portion of the hearing record, shall submit to the general counsel of the department a written request specifying the portion of the hearing record desired. The department will forward a copy of that request to each party to the hearing, or the party's attorney. A party may submit to the department, with copy to the requester and within ten (10) days after receipt of the request, a response to the request that states any objection the party has to compliance with the request, and the basis or reasons for the objection. If an objection is timely submitted, the requester may submit to the department, within ten (10) days after receipt of the objection, a written response. The department general counsel or designee may sustain or overrule the objection upon consideration of the submissions received from the requester and objecting party.

  (f) If a party requests a transcript of an administrative hearing for purposes of a petition for judicial review of the administrative decision under IC 4-21.5-5, the department may refer the party, or the party's attorney or other authorized representative, to a designated contractor or vendor that is qualified to prepare transcripts of hearings that the department conducts under this rule. The requesting party is responsible for making arrangements with the contractor or vendor for preparation of the transcript and payment of the fee or cost for its preparation, unless the court in which the petition for judicial review was filed finds that the petitioner is unable to pay the transcript cost and orders the department to provide the transcript without cost to the petitioner.

  (g) The department will advise the petitioner concerning the anticipated time for completion of a transcript under the procedure specified in this section. The department may review for accuracy a transcript prepared for a party by the designated contractor or vendor, for purposes of judicial review. Upon receipt and approval of the transcript, the department shall prepare, assemble, and certify as needed, the hearing record other than the transcript, and submit the hearing record, including the transcript, to the judicial review petitioner or the petitioner's attorney for filing with the court.

  (h) The department will not prepare a transcript of an administrative hearing under this rule that is requested by a party or any other person, for any purpose other than a judicial review petition filed under IC 4-21.5-5. If the party or other person requests and is entitled to obtain a copy of a hearing record, the department will, subject to subsection (i), provide a copy of the digital recording of the hearing together with any other portions of the hearing record that the requester is entitled to obtain, subject to payment of the cost of copying those items requested as provided by applicable law.

  (i) If the digital recording of the hearing includes testimony or other information that is classified as confidential under applicable law, the department is not required to provide a redacted copy of the recording, unless the department has available the technological capability to redact without additional cost the confidential testimony or other information. If provision of a redacted copy is not feasible or required under this subsection, the department may deny a request for a copy of the hearing recording. (Department of Child Services; 465 IAC 3-3-19; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRA)