According to the Federal Administrative Procedure Act, the transcript of testimony and exhibits with all papers, and requests filed in the proceeding has to be made as a part of the administrative record.[i] According to Model State Administrative Procedure Act, an administrative agency has to maintain an official record of each adjudicative proceeding. The items to be included in a record of an administrative hearing include the following:[ii]
- Notices of all proceedings;
- Any pre hearing order;
- Any motions, pleadings, briefs, petitions, requests, and intermediate rulings;
- Evidence received;
- Statement of matters officially noticed;
- Offers of proof and objections and rulings thereon;
- Proposed findings, requested orders, and exceptions;
- Record prepared for the presiding officer at the hearing, together with any transcript of the hearing considered before final disposition of the proceeding;
- Any final order, initial order, or order on reconsideration;
- Staff memoranda or data submitted to the presiding officer;
- Matters placed on the record after an ex parte communication.
[i] 5 USCS § 556(e)
[ii] Hall v. State Department of Pub. Safety & Corrections, 729 So. 2d 772, 775 (La.App. 1 Cir. Apr. 1, 1999)
