[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1201.53]

[Page 21]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1201--PRACTICES AND PROCEDURES--Table of Contents
 
                Subpart B--Procedures for Appellate Cases
 
Sec. 1201.53  Record of proceedings.

    (a) Preparation. A word-for-word record of the hearing is made under 
the judge's guidance. It is kept in the Board's copy of the appeal file 
and it is the official record of the hearing. Only hearing tape 
recordings or written transcripts prepared by the official hearing 
reporter will be accepted by the Board as the official record of the 
hearing. When the judge assigned to the case tape records a hearing (for 
example, a telephonic hearing in a retirement appeal), the judge is the 
``official hearing reporter'' under this section.
    (b) Copies. When requested and when costs are paid, a copy of the 
official record of the hearing will be provided to a party. A party must 
send a request for a copy of a hearing tape recording or written 
transcript to the adjudicating regional or field office, or to the Clerk 
of the Board, as appropriate. A request for a copy of a hearing tape 
recording or written transcript sent by a non-party is controlled by the 
Board's rules at 5 CFR part 1204 (Freedom of Information Act). Requests 
for hearing tape recordings or written transcripts under the Freedom of 
Information Act must be sent to the appropriate Regional Director, the 
Chief Administrative Judge of the appropriate MSPB Field Office, or to 
the Clerk of the Board at MSPB headquarters in Washington, DC.
    (c) Exceptions to payment of costs. A party may not have to pay for 
a hearing tape recording or written transcript if he has a good reason. 
If a party believes he has a good reason and the request is made before 
the judge issues and initial decision, the party must sent the request 
for an exception to the judge. If the request is made after the judge 
issues an initial decision, the request must be sent to the Clerk of the 
Board. The party must clearly state the reason for the request in an 
affidavit or sworn statement.
    (d) Corrections to written transcript. Corrections to the official 
written transcript may be made on motion by a party or on the judge's 
own motion. Motions for corrections must be filed within 10 days after 
the receipt of a written transcript. Corrections of the official written 
transcript will be made only when substantive errors are found and only 
with the judge's approval.
    (e) Official record. Exhibits, the official hearing record, if a 
hearing is held, all papers filed, and all orders and decisions of the 
judge and the Board, make up the official record of the case.

[65 FR 19293, Apr. 11, 2000]