358-5.11 The hearing record.
(a) Fair hearing record. Only the OAH may record the fair
hearing. A written transcript or recording of the fair hearing testimony and
exhibits, or the hearing officer's official report together with the recommended decision
of the hearing officer, all papers and requests filed in the proceeding prior to the close
of the fair hearing and the fair hearing decision, constitute the complete and exclusive
record of the fair hearing. Where a decision without hearing is issued in accordance with
section 358-6.2 of this Part, the documents submitted by the appellant and the social
services agency constitute the complete and exclusive record of the fair hearing.
(b) Review of record. The exclusive record of the fair hearing is
confidential; however, the exclusive record may be examined by either party or their
authorized representative at the OAH, or upon request at some other location subject to
the approval of the OAH.