[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR302.28]



[Page 292-293]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 302_RULES OF PRACTICE IN PROCEEDINGS--Table of Contents

 

                Subpart A_Rules of General Applicability

 

Sec. 302.28  Transcripts of hearings.



    (a) Hearings shall be recorded and transcribed under supervision of 

the administrative law judge, by a reporting firm under contract with 

the Department. Copies of the transcript that may, at the discretion of 

the administrative law judge, be furnished by use of electronic media in 

addition to the official copy, shall be supplied to the parties to the 

proceeding by said reporting firm, at the contract price for copies.

    (b) The administrative law judge shall determine whether ``ordinary 

transcript'' or ``daily transcript'' (as those terms are defined in the 

contract) will be necessary and required for the proper conduct of the 

proceeding and the Department will pay the reporting firm the cost of 

reporting its proceedings at the contract price for such type of 

transcript. If the administrative law judge has determined that ordinary 

transcript is adequate, and has notified the parties of such 

determination (in the notice of hearings, or otherwise), then any party 

may request reconsideration of such determination and that daily 

transcript be



[[Page 293]]



required. In determining what is necessary and required for the proper 

conduct of the proceeding, the administrative law judge shall consider, 

among other things:

    (1) The nature of the proceeding itself;

    (2) The DOT decisionmaker's needs as well as the reasonable needs of 

the parties;

    (3) The cost to the Department; and

    (4) The requirements of a fair hearing.

    (c) If the administrative law judge has determined that ordinary 

transcript is adequate, or, upon reconsideration, has adhered to such 

determination, then any party may request the reporting firm to provide 

daily transcript. In that case, pursuant to its contract with the 

Department, the reporting firm will be obligated to furnish to the 

Department daily transcript upon the agreement by the requesting party 

to pay to the reporting firm an amount equal to the difference between 

the contract prices for ordinary transcript and daily transcript, 

provided that the requesting party makes such agreement with the 

reporting firm at least twenty-four (24) hours in advance of the date 

for which such transcript is requested.

    (d) Any party may obtain from the Office of the Assistant Secretary 

for Administration, the name and address of the private reporting 

company with which the Department currently has a contract for 

transcripts and copies, as well as the contract prices then in effect 

for such services.

    (e) Copies of transcripts ordered by parties other than the 

Department shall be prepared for delivery to the requesting person at 

the reporting firm's place of business, within the stated time for the 

type of transcript ordered. The requesting party and the reporting firm 

may agree upon some other form or means of delivery (mail, messenger, 

electronic media, etc.) and the reporting firm may charge for such 

special service, provided that such charge shall not exceed the 

reasonable cost of such service.

    (f) Changes in the official transcript may be made only when they 

involve errors affecting substance. A motion to correct a transcript 

shall be filed with Department of Transportation Dockets, within ten 

(10) days after receipt of the completed transcript by the Department. 

If no objections to the motion are filed within ten (10) days 

thereafter, the transcript may, upon the approval of the administrative 

law judge, be changed to reflect such corrections. If objections are 

received, the motion and objections shall be submitted to the official 

reporter by the administrative law judge together with a request for a 

comparison of the transcript with the reporter's record of the hearing. 

After receipt of the report of the official reporter an order shall be 

entered by the administrative law judge settling the record and ruling 

on the motion.