Once an administrative hearing has been held, what must the written record of that hearing contain?
General information · Not legal advice
Material to check
In practice material of this kind, we read the record of the hearing itself against the list, the papers each party submitted during the hearing showing the evidence put in, and any note on whether the hearing was open to the public and the reason given for making it public or not, since these bear on the items the record must hold.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the list as a floor: the hearing officer must prepare a record showing the title, the officer's affiliation and name, the parties' addresses and names or titles, whether each appeared, the time and place of the hearing, the gist of the parties' statements and the evidence submitted, whether the hearing was public together with the reason for making it public or for withholding publication under the proviso on non-publication, and, where evidence was investigated, the gist of that investigation with the evidence attached.
Another reading notes where the list stops: the entry on evidence investigation applies only 'where evidence was investigated', so a hearing without one needs no such entry, and the final item, 'other necessary matters', sets necessity as the given standard for whatever else the record should hold, leaving the hearing officer to judge what counts as necessary without further guidance from the provision.
Your judgment
Where the record leaves out what a party said at the hearing, what else in the file could show whether that party in fact spoke?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or remove a required item, or if a decision sets how detailed the gist of statements must be or what the final item covers.