Section 257.314. Recording hearings; transcript or electronic recording medium request; fee; erasing or reprocessing electronic recording medium.

(1) The hearing officer shall electronically, stenographically, or otherwise record a hearing, as determined  by the  hearing officer or  the administrator.

(2)  Any person may make a request for a transcript, a partial transcript, or a copy of a recording medium. A person shall make a request in writing and file it with the division office in Lansing within 63 days after the date of the hearing officer's decision or within 182 days after the date of the hearing officer's decision if the court extends the period for filing a petition for review of the determination under section 323(1) of the act.

(3)   A request filed under subrule (2) of this rule shall include all of the following information:

(a)   The hearing date and location.

(b)   The petitioner's full name, birth date, and, if known,  driver license number.

(c)   The case number assigned to the matter by the division.

(4)   The department shall charge a fee to a person who files a request under subrule

(2)   of this rule.  The administrator shall determine the fee.

(5)    The administrator or hearing officer may erase or otherwise reprocess the electronic recording medium if a transcript request is not received  by the division office in Lansing within the period prescribed in subrule (2) of this rule.

(6)   If the division is unable to provide a transcript due to a defective recording or loss or destruction of the recording medium, then the parties and the hearing officer may stipulate to facts, issues, or conclusions of law or a party may request another hearing on the same matter.

History: 1992 AACS; 1998-2000 AACS.