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Content of the Adjudicative Record

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)

Inside Content of the Adjudicative Record