Certification of hearing records

Under 1902.51, the presiding officer must certify the hearing transcript, written submissions, exhibits filed during the hearing, and any post-hearing presentations. The regulation lists the items that must be included in the certified record as the transcript "thereof," together with written submissions, exhibits filed during the hearing, and any post-hearing presentations, and requires certification by the officer presiding at the hearing (1902.51).

Under 1902.51, the officer presiding at the informal hearing is responsible for certifying the record. The regulation explicitly states that the record "shall be certified by the officer presiding at the hearing" and forwarded to the Assistant Secretary (1902.51).

Under 1902.51, the presiding officer must certify the hearing record and send it to the Assistant Secretary. The text requires the certified transcript and related materials to be "certified by the officer presiding at the hearing to the Assistant Secretary" (1902.51).

Under 1902.51, the presiding officer must certify the record upon completion of the informal hearing. The regulation uses the phrase "Upon completion of an informal hearing" to trigger certification of the transcript and related materials to the Assistant Secretary, and it does not set a specific number of days beyond that phrase (1902.51).

Under 1902.51, the regulation requires certification but does not prescribe exact wording or a required format for the certification. The provision states that the transcript and other materials "shall be certified by the officer presiding at the hearing to the Assistant Secretary" but does not define the certification form, language, or method of transmission, so agencies typically follow their own procedural rules or State Plan guidance for format and transmission (1902.51).

Under 1902.51, the certified record must include any post-hearing presentations, so materials submitted after the hearing that qualify as post-hearing presentations should be included before certification. The regulation explicitly lists "any post-hearing presentations" among the items to be certified to the Assistant Secretary; it therefore follows that the presiding officer should wait to include such materials in the certification if they are timely submitted under the hearing procedures (1902.51).

Under 1902.51, the regulation states that the record "shall be certified by the officer presiding at the hearing," so the presiding officer is the person required to certify the record. The text does not authorize another official to substitute for the presiding officer in making that certification (1902.51).

Under 1902.51, the phrase "transcript thereof" refers to the official written or recorded verbatim record of the informal hearing proceedings that is to be included in the certified record. The regulation requires that this transcript, together with written submissions, exhibits filed during the hearing, and any post-hearing presentations, be certified by the presiding officer and sent to the Assistant Secretary (1902.51).

Under 1902.51, certification is required to send the hearing record to the Assistant Secretary, but the regulation does not state that this certification replaces other filing or service requirements. The provision only addresses certification of the hearing record to the Assistant Secretary and does not modify other procedural filing or service obligations that may be set out elsewhere in the applicable State Plan or hearing rules (1902.51).

Under 1902.51, the regulation requires that the "transcript" of the hearing be certified to the Assistant Secretary as part of the record, so if no transcript exists, the presiding officer must ensure a transcript (or equivalent official record) is prepared before certification. The text does not provide alternative steps, so preparing the official record is necessary to comply with the certification requirement (1902.51).

Under 1902.51, the regulation requires certification of the record but does not specify whether the certified materials must be paper or may be electronic. Because the text does not prescribe format, agencies typically follow their own procedures or State Plan rules for electronic transmission and certification; the regulation itself does not prohibit electronic records (1902.51).

Under 1902.51, yes—the certification requirement applies to records of informal hearings addressed in Subpart D, which covers "Procedures for Determinations Under section 18(e) of the Act." The rule requires that the transcript and related materials from an informal hearing under those procedures be certified by the presiding officer to the Assistant Secretary (1902.51; see the Part 1902 index for context Part 1902).

Under 1902.51, the regulation requires certification of the hearing record to the Assistant Secretary but does not address whether the certified record must also be sent to the hearing parties. The text is silent on distribution to participants, so parties should consult the agency's specific hearing procedures or State Plan rules for any obligations to provide copies to participants (1902.51).

Under 1902.51, the certified record must include exhibits filed during the hearing and any post-hearing presentations, so exhibits identified after certification would not be part of that certified record unless they qualify as timely post-hearing presentations and are added before certification. The regulation does not describe a procedure for adding items after certification, so the presiding officer should include all timely materials before certifying and follow applicable agency procedures if late materials are submitted (1902.51).

Under 1902.51, the certified record must be sent to the Assistant Secretary, which ensures the official administrative record of the hearing is available to the federal official responsible for overseeing enforcement and review. The regulation requires certification "to the Assistant Secretary," making delivery to that office the prescribed destination for the certified hearing materials (1902.51).