Section 35.132. Transcript corrections

Corrections in the official transcript may be made only to make it conform to the evidence presented at the hearing and to speak the truth. No corrections or physical changes shall be made in or upon the official transcript of the proceeding, except as provided in this section. Transcript corrections agreed to by opposing attorneys may be incorporated into the record, if and when approved by the agency head or the presiding officer, at any time during the hearing or after the close of evidence, as may be permitted by the agency head, or by the presiding officer before the filing of his proposed report, but not less than 10 days in advance of the time fixed for filing final briefs. The agency head or the presiding officer may call for the submission of proposed corrections and may make disposition thereof at appropriate times during the course of a proceeding.

Notation

Notes of Decisions

Judge did not abuse his discretion in denying NOW’s motion, submitted 1 month after the time fixed for filing briefs, despite NOW’s argument that it did not discover errors by the presiding hearing officer’s incorrect transcript until the need arose to review the final pages of the transcript. Pennsylvania National Organization for Women v. Insurance Department, 551 A.2d 1162 (Pa. Cmwlth. 1988); appeal denied 561 A.2d 744 (Pa. 1989).

Cross References

This section cited in 1 Pa. Code § 35.131 (relating to recording of proceedings); 4 Pa. Code § 89.24 (relating to record); 10 Pa. Code § 3.11 (relating to hearing rules); 12 Pa. Code § 81.210 (relating to transcripts, reports and prepared statements); 12 Pa. Code § 81.233 (relating to transcript); 25 Pa. Code § 1021.118 (relating to transcript); 34 Pa. Code § 95.91 (relating to hearings); 34 Pa. Code § 131.101 (relating to briefs, findings of fact and close of record); 37 Pa. Code § 21.57 (relating to transcript); 37 Pa. Code § 197.49 (relating to correction of transcript); 37 Pa. Code § 197.91 (relating to correction of transcript); 40 Pa. Code § 15.46 (relating to hearings); 40 Pa. Code § 15.47 (relating to transcript); 52 Pa. Code § 5.253 (relating to transcript corrections); and 52 Pa. Code § 1005.123 (relating to transcript corrections).