SECTION 252:4-9-40. Record

(a)   To be made. A record of the hearing shall be made, which shall be a tape recording unless otherwise agreed by the parties and the Administrative Law Judge. The recording will not be transcribed as a matter of course. A transcript may be obtained by submitting a written request to the Administrative Law Clerk and tendering payment in an amount sufficient to pay the cost of having the recording transcribed.

(b)   Court reporter. A party may request a court reporter. The requesting party shall pay the costs, and the original transcript shall be filed in the case file as part of the record in the case. Each person or party requesting copies shall make arrangements with the reporter and pay the costs.

(c)   Maintained. The record of a proceeding and the file containing the notices and the pleadings will be maintained by the Administrative Law Clerk. All pleadings, motions, orders and other papers submitted for filing in a proceeding shall be date/file stamped by the Administrative Law Clerk upon receipt. The burden of showing substantial prejudice by any failure to correctly file-stamp any submittal shall be upon the asserting party.

(d)   Contents. The administrative record of all individual proceedings shall contain documents required by the APA, 75 O.S. § 309. An individual proceeding on a proposed permit for a Tier III application shall also include the following:

(1)   the permit application on file with the DEQ, as amended;

(2)   all written comments received during the public comment period;

(3)   the tape or transcript of the public meeting;

(4)   documents resulting from the DEQ's review of the permit application and public comments;

(5)   the draft permit, fact sheet and response to comments, if any, issued by the DEQ; and

(6)   all published notices.

[Source: Added at 18 Ok Reg 1922, eff 6-11-01]