Section 1360-04-01-.17 - THE RECORD(1) Clerical Mistakes - Prior to any appeal being perfected by either party to a court, clerical mistakes in orders or other parts of the record and errors therein arising from oversight or omissions may be corrected by the administrative judge if sitting alone, or by the agency if the matter was heard before them. Such corrections may be made at any time on the initiative of either the administrative judge or the agency, or upon motion of any party. The entering of a corrected order will not affect the dates of the original appeal or reconsideration time period.(2) Certified Record - Once an appeal has been perfected, if the case was conducted by the Administrative Procedures Division, a party may file a request with the Administrative Procedures Division for a certified copy of the record in accordance with T.C.A. § 4-5-322. If a party believes a record, as contemplated by T.C.A. § 4-5-319, certified by an administrative judge pursuant to T.C.A. § 4-5-322, contains anything improperly included or misstated, then a motion may be filed with the Administrative Procedures Division to correct or modify such a certification. However, in no event shall such a certification add to or subtract from the record of what transpired while the case was pending with the Administrative Procedures Division. If a transcript(s) was not filed with the Administrative Procedures Division at the time of the certification, then no transcript will be included as part of the record certified by the administrative judge.(3) Recordings and Transcripts - The hearing of a case shall be recorded by the agency, either by audio or video recording, stenography, or both. Such recording shall be maintained by the agency. If the case was conducted by the Administrative Procedures Division and a transcript is filed with the Administrative Procedures Division, such filing will be maintained as part of the Administrative Procedures Division record. All other oral proceedings may likewise be recorded by either party, at their own expense, upon advising the administrative judge that the proceeding is being recorded, or by order of the administrative judge.Tenn. Comp. R. & Regs. 1360-04-01-.17
Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed November 25, 1986; effective January 9, 1987. Amendments filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 4-5-219 and 4-5-321.