Section 1038 - Ordering the Record(a) Any person may request a copy of all or a portion of the record, subject to any protective orders or provisions of law prohibiting disclosure. The complete record includes the pleadings, all notices and orders issued by the agency, any proposed decision by an ALJ, the final decision, a transcript of all proceedings, all exhibits whether admitted or rejected, the written evidence and any other papers in the Case, except as provided by law.(b) Except as provided in (f), no portion of the record will be prepared until the requesting person has paid a deposit equal to the estimated cost of preparation. The deposit will be applied to the actual cost and any excess will be returned to the person who submitted it. The record will not be released until the person ordering the record has paid any balance due for the actual cost of preparing the record.(c) If OAH has contracted for the stenographic reporting or tape recording of the proceeding, a person may contact the OAH transcript clerk to order and pay for preparation of all or a portion of the transcript in the Case. If the agency for whom OAH has conducted the proceeding has contracted for the stenographic reporting or tape recording, a person seeking to order all or a portion of the transcript or a copy of the tape must contact the agency directly.(d) Any person may contact the OAH transcript clerks or the agency to order and pay for copying of any other portions of the record in a Case, except as provided in (c).(e) If the official record of the Hearing or other proceeding was made by audio tape, copies of the audio tape(s) are available upon written request to the OAH transcript clerk and payment of the costs of duplication, except as provided in (c). Copies of audio tapes and transcripts made from the copies are not part of the official record.(f) A party seeking a waiver of fees and costs to prepare the record for the purpose of judicial review under Code of Civil Procedure section 1094.5 who has been declared in forma pauperis (Government Code section 68511.3) shall submit a valid order issued by the Superior Court.Cal. Code Regs. Tit. 1, § 1038
1. New section filed 6-30-97 as an interim regulation pursuant to Government Code section 11400.20; operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98 unless earlier repealed or amended.
2. Interim regulation, including amendment of subsection (h), filed 5-19-98 as a permanent regulation pursuant to Government Code section 11400.20; operative 5-30-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).
3. Repealer and new section filed 7-1-2003; operative 7-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 27).
4. Editorial correction adding text of new section and correcting HISTORY 3 (Register 2003, No. 33).
5. Amendment of section and NOTE field 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
6. Change without regulatory effect amending subsection (b) and NOTE field 12-29-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 52). Note: Authority cited: Section 11370.5(b), Government Code. Reference: Section 1094.5, Code of Civil Procedure; Sections 11512 and 11523, Government Code; and Section 985, California Rules of Court.
1. New section filed 6-30-97 as an interim regulation pursuant to Government Code section 11400.20; operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98 unless earlier repealed or amended.
2. Interim regulation, including amendment of subsection (h), filed 5-19-98 as a permanent regulation pursuant to Government Code section 11400.20; operative 5-30-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).
3. Repealer and new section filed 7-1-2003; operative 7-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 27).
4. Editorial correction adding text of new section and correcting History3 (Register 2003, No. 33).
5. Amendment of section and Note filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
6. Change without regulatory effect amending subsection (b) and Note filed 12-29-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 52).