Section 5.252. Review of testimony

(a) In proceedings when testimony was electronically recorded and subsequently transcribed, a party may review the recording to ensure it was transcribed accurately.

(b) Review will not be permitted except upon written request within 20 days after the transcript has been filed with the Commission.

(c) Upon request for review, the Office of Administrative Law Judge will schedule a time and place for the review which shall be open to all parties. The court reporting firm shall submit the tapes and equipment necessary for the review and shall arrange for the court reporter responsible for transcribing the tapes to be present at the review.

(d) Actual costs associated with making the tapes available for review, including the time of the court reporter, shall be paid by the party requesting review.

(e) Nothing in this section requires the electronic recording of testimony.

The provisions of this § 5.252 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended March 8, 1991, effective March 9, 1991, 21 Pa.B. 946; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (247399).

Notation

Authority

The provisions of this § 5.252 amended under the Public Utility Code, 66 Pa.C.S. § § 309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.

Cross References

This section cited in 52 Pa. Code § 5.251 (relating to recording of proceedings).