(1) The division shall provide for the recording of all testimony. The Department shall retain the recording of the proceedings and the case files for a period of 60 days following the issuance of the final order by the hearing officer. In the event a driver appeals a final order as provided in Fl. Admin. Code R. 15A-6.019, the Department shall retain the recording of the proceedings in the case files until the conclusion of such appeal. The driver or his representative may obtain a copy of the recording during such retention period upon written request accompanied by the appropriate medium sufficient in length to record the hearing.

Terms Used In Florida Regulations 15A-6.014

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
    (2) A driver who requests the presence of a certified court reporter for the purposes of preserving the testimony at the hearing is responsible for obtaining the services of the reporter. The driver shall bear the cost of any fee charged by the reporter. Any driver who wishes a written transcript of the hearing shall bear the expense for ordering the transcript. If a court reporter records the proceedings, the transcript prepared by the court reporter shall become the official transcript, a copy of which shall be provided by the driver to the Division.
Rulemaking Authority 322.2615(12), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History-New 10-1-90, Amended 10-7-91, 3-11-07.

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