Section 820-1-2-.21 - Corrections Of Transcripts (Alabama Administrative Code)

§ 820-1-2-.21. Corrections Of Transcripts

(1) Any party to any formal proceeding before the Secretary who detects a material error in the written transcript of testimony, and desires such error to be corrected, may file with the Secretary, in writing, a detailed proposed correction of such error, serving a copy of such writing on all other parties to the proceeding. Such proposed correction must be filed with the Secretary before the expiration of the time for certifying the record to the Court or other reviewing body in cases where an appeal is taken of the final action in the proceedings involved, and within sixty (60) days from the date of the final order in the proceeding involved in all other cases, unless otherwise ordered by the Secretary.

(2) Upon receipt of any such proposed correction, the Secretary will forthwith serve a copy thereof upon the official reporter who prepared such transcript. Within ten (10) days after the filing of such proposed correction, any other interested party may file, in writing, a reply in duplicate giving his reasons why such correction should not be made. If no such reply is made within the time prescribed, then and in that event the proposed correction will be considered proper and the transcript will be considered as having been corrected accordingly. If, on the other hand, within the time prescribed one of the parties does file such a reply, then and in that event the Secretary or hearings examiner presiding during the taking of the testimony in the proceeding in question shall decide whether or not such proposed correction will be allowed and shall make his decision known in writing to all the parties of record in the proceeding in question. Any such ruling made by the presiding hearings examiner or Secretary shall be without prejudice to any party taking issue with such ruling in any appeal of the final action in the proceeding involved. This rule and any action taken thereunder shall be without prejudice to corrections in the Appeals Court under such conditions as may be prescribed by the court. This rule shall not be used to change in any respect any testimony offered at the hearing, but is solely for the purpose of correcting material errors where such errors exist.

Author: Charles E. Grainger, Jr.

(New Rule: Filed January 10, 2001; effective February 14, 2001.)

Statutory Authority: Code of Ala. 1975, § 41-22-4.

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