Master Licensing Investigation Training Book

12/6/18

Administrative Record

§ A record of all the facts, technical materials, information, and testimony that the Hearing Officer considered, directly or indirectly, in making the final decision in the administrative action. § This would include reading the Notice of Violation, noting service and appearance of the Respondent, acknowledging the witnesses and their purpose, and noting the evidence presented. § The record should reflect that the procedures used to preserve due process were utilized by the TGRA. § The record should document the testimony provided by the witnesses. § The record should document the evidence utilized in making determinations. § The record can be a recording of the proceeding, either audio/video, or an official recording by a Court Reporter.

Legal Counsel

§ It is important that a TGRA has access to legal counsel for more than just establishing rules and regulations. § An attorney will ensure that the procedures utilized by the TGRA meet the standards for administering due process. § An Attorney will ensure that proceedings follow the standards of due process from start to finish. § An attorney will ensure that information is preserved for the administrative record, that all the necessary details are recorded properly. § It is helpful to have an attorney handle the questioning of witnesses on behalf of the TGRA, this also ensures that testimony is properly documented on the record and that the hearing stays on point.

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