Transmission of hearing record

Under 1955.43, the Secretary must request that the administrative law judge transmit the record when exceptions are filed.

• The plain trigger in the rule is the filing of exceptions; it is at that point the Secretary "shall request" transmission from the administrative law judge.
• The regulation does not describe any other timing or events that independently require transmission beyond the filing of exceptions.

Under 1955.43, the administrative law judge is instructed to transmit the record to the Secretary upon the Secretary's request.

• The regulation names the administrative law judge as the party responsible for sending the record once the Secretary requests it following filed exceptions.

Under 1955.43, the record must include all of the following items:

• The State plan;
• A copy of the Assistant Secretary's notice of proposed withdrawal;
• The State's statement of items in contention;
• The notice of the hearing, if any;
• Any written motions and requests and the rulings on them;
• The transcript of testimony taken at the hearing;
• Any documents or papers filed in connection with the preliminary conference and the hearing itself;
• Any proposed findings of fact, conclusions of law, rules or orders, and supporting reasons that were filed;
• The administrative law judge's decision;
• Any exceptions, responses, and briefs filed in the proceedings.

Under 1955.43, yes—the transcript of the testimony taken at the hearing must be included in the record transmitted to the Secretary.

• The regulation explicitly lists the hearing transcript among the required items to ensure the Secretary has the full evidentiary record for review.

Under 1955.43, yes—any motions and requests filed in written form and the rulings on those motions must be included in the record sent to the Secretary.

• This ensures the Secretary sees both what was requested in writing and how those requests were decided during the proceeding.

Under 1955.43, yes—any documents or papers filed in connection with the preliminary conference must be included in the record transmitted to the Secretary.

• The regulation requires inclusion of materials from both the preliminary conference and the hearing itself to provide a complete procedural and evidentiary history.

Under 1955.43, yes—the record must include any proposed findings of fact, conclusions of law, rules or orders, and supporting reasons that were filed.

• Including these documents lets the Secretary review the competing legal and factual positions presented before the administrative law judge's decision.

Under 1955.43, yes—the administrative law judge's decision must be included in the record transmitted to the Secretary.

• The judge’s decision is part of the required materials so the Secretary can compare the decision with the exceptions and the full record.

Under 1955.43, yes—any exceptions, responses, and briefs filed in the proceedings must be included in the record transmitted to the Secretary.

• This ensures the Secretary receives the parties’ formal objections and legal arguments when conducting review.

Under 1955.43, yes—the State's statement of items in contention must be included in the record sent to the Secretary.

• That statement helps the Secretary identify the specific disputed issues the State raised during the proceedings.

Under 1955.43, yes—a copy of the Assistant Secretary's notice of proposed withdrawal must be included in the transmitted record.

• Including the notice of proposed withdrawal gives the Secretary the official basis for the withdrawal action under review.

Under 1955.43, the record must include the notice of the hearing "if any."

• This means the hearing notice is required only when a hearing was held; the rule explicitly accounts for situations where no hearing took place.

Under 1955.43, the regulation lists the items that must be transmitted but does not specify the format (electronic or paper) in which the administrative law judge must send the record.

• Because the rule is silent on format, parties should follow any procedural instructions issued by the agency or the administrative law judge about how the record should be transmitted.

Under 1955.43, the record to be transmitted is defined by an explicit list of required items, and the regulation does not provide authority for the administrative law judge to withhold those listed materials.

• Because the rule requires specific documents and filings to be included, the judge should transmit the full list unless another controlling rule or order provides a lawful basis to exclude particular material.