Gearan v. Department Of Health And Human Services

838 F.2d 1190 (Fed. Cir. 1988)

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Nature of the Case

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Facts

P appealed an administrative ruling by Health (D). Gearan(P) moved for an order directing the Merit Systems Protection Board (D) to prepare and file a written transcript of the administrative hearing as part of the official record. Health (D) opposes the motion. Intervenor, MSPB (D), opposes the motion. P argues (1) that Rules 16 and 17 of the Federal Rules of Appellate Procedure require administrative agencies to present reviewing courts with official records that include written hearing transcripts and (2) that the MSPB (D), rather than P, is responsible for arranging for and paying for transcription of the tapes. It was the practice of D to tape record the hearing and include that recording as part of the record. According to MSPB’s (D) procedures, it would arrange for a transcription, but P would have to pay for it.