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OSHA 1911.17

Certification of hearing record

14 Questions & Answers

Questions & Answers

Under 1911.17, who certifies the record of a hearing?

The officer presiding at the hearing certifies the hearing record. The rule says the presiding officer must certify the transcript of oral presentations, written submissions on the proposed rule, exhibits filed during the hearing, and all posthearing comments, recommendations, and supporting reasons to the Assistant Secretary (1911.17).

Under 1911.17, to whom must the presiding officer certify the record?

The presiding officer must certify the record to the Assistant Secretary. The regulation explicitly requires certification of the transcript, written submissions, exhibits, and posthearing comments to the Assistant Secretary (1911.17).

Under 1911.17, when must the presiding officer certify the record?

Certification must occur upon completion of the oral presentations. The text states that "Upon completion of the oral presentations, the transcript thereof... shall be certified by the officer presiding at the hearing to the Assistant Secretary" (1911.17).

Under 1911.17, what specific items must be certified as part of the hearing record?

The certified hearing record must include the transcript of oral presentations, written submissions on the proposed rule, exhibits filed during the hearing, and all posthearing comments, recommendations, and supporting reasons. The rule lists these exact items for certification by the presiding officer (1911.17).

  • Transcript of oral presentations
  • Written submissions on the proposed rule
  • Exhibits filed during the hearing
  • All posthearing comments, recommendations, and supporting reasons

Under 1911.17, are posthearing comments required to be included in the certified record?

Yes—posthearing comments, recommendations, and supporting reasons are required to be certified. The regulation specifically includes "all posthearing comments, recommendations, and supporting reasons" in the materials the presiding officer must certify to the Assistant Secretary (1911.17).

Under 1911.17, does the regulation specify the format (paper or electronic) for the certified record?

No—the regulation does not specify a particular format for the certified record. Section 1911.17 lists the materials that must be certified but does not require a paper or electronic medium or describe formatting or delivery procedures (1911.17).

Under 1911.17, does certification by the presiding officer make the record final for rulemaking purposes?

Section 1911.17 requires certification to the Assistant Secretary but does not state that certification alone makes the record final. The rule only directs that the transcript, submissions, exhibits, and posthearing comments be certified to the Assistant Secretary; it does not by itself describe how or when a record becomes final for rulemaking or administrative purposes (1911.17).

Under 1911.17, can the presiding officer decline to certify exhibits that were filed during the hearing?

No—the text requires certification of exhibits filed during the hearing and does not give the presiding officer discretion to exclude them. Section 1911.17 directs that the "exhibits filed during the hearing" be certified along with the transcript and other materials to the Assistant Secretary (1911.17).

Under 1911.17, who is responsible for assembling the transcript and materials before certification?

The rule places the certification duty on the officer presiding at the hearing but does not prescribe who must physically assemble the materials. Section 1911.17 says the presiding officer shall certify the transcript, written submissions, exhibits, and posthearing comments to the Assistant Secretary, but it does not specify which staff or office will compile or prepare the package for certification (1911.17).

Under 1911.17, are written submissions on the proposed rule included in the certified record even if they were filed before the hearing?

Yes—written submissions on the proposed rule are included in the materials to be certified. Section 1911.17 requires certification of "written submissions on the proposed rule," and it does not limit that phrase to submissions filed only during the hearing, so such written submissions are part of the certified record (1911.17).

Under 1911.17, if oral presentations span multiple days, when does the obligation to certify arise?

The obligation to certify arises upon completion of the oral presentations, regardless of how many days the presentations span. Section 1911.17 says certification occurs "Upon completion of the oral presentations," which would be after the final presentation concludes (1911.17).

Under 1911.17, can the Assistant Secretary request additional materials after the presiding officer certifies the record?

Section 1911.17 does not address whether the Assistant Secretary can request additional materials after certification. The rule only requires that specified items be certified to the Assistant Secretary; any subsequent requests would depend on other procedures or communications not described in 1911.17 (1911.17, Part 1911 general provisions).

Under 1911.17, does certification require the presiding officer to verify the accuracy of the hearing transcript?

The regulation requires certification of the transcript but does not spell out steps for verifying its accuracy. Section 1911.17 directs the presiding officer to certify the transcript and other materials to the Assistant Secretary but does not describe verification procedures or standards for accuracy (1911.17).

Under 1911.17, are exhibits filed electronically during the hearing covered by the certification requirement?

Yes—exhibits filed during the hearing are covered by the certification requirement regardless of medium, but the rule does not specify media. Section 1911.17 requires certification of "exhibits filed during the hearing" without limiting them to paper or electronic form, so exhibits submitted during the hearing are part of the certified record (1911.17).