(1)In any proceeding the
commission, any single commissioner, or any administrative law judge may order a
transcript of all or any part of such proceeding. The cost of preparing the transcript
shall be paid by the commission. If any party to any proceeding seeks to reverse,
modify, or annul a recommended decision of a single commissioner or
administrative law judge, or a decision of the commission, in the manner as provided
in this section, then such party, and not the commission, shall pay the cost of the
transcript of such proceeding or the applicable portion thereof in accordance with
the provisions of this section.
(2)Any party who seeks to reverse, modify, or annul the recommended
decision of a single commissioner or administrative law judge or the decision of the
commiss
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(1) In any proceeding the
commission, any single commissioner, or any administrative law judge may order a
transcript of all or any part of such proceeding. The cost of preparing the transcript
shall be paid by the commission. If any party to any proceeding seeks to reverse,
modify, or annul a recommended decision of a single commissioner or
administrative law judge, or a decision of the commission, in the manner as provided
in this section, then such party, and not the commission, shall pay the cost of the
transcript of such proceeding or the applicable portion thereof in accordance with
the provisions of this section.
(2) Any party who seeks to reverse, modify, or annul the recommended
decision of a single commissioner or administrative law judge or the decision of the
commission shall promptly notify the official reporter of the parts of the transcript
of the proceedings which shall be prepared and certified by the official reporter. A
copy of this notification shall be served upon the commission and all parties. Within
ten days thereafter any other party or the commission may serve and file a
designation of additional parts of the transcript of proceedings which is to be
included. The transcript or the parts thereof which may be designated by the
parties or the commission shall be prepared by the official reporter and certified by
such reporter, and when completed shall be filed with the commission. The
transcript, as so prepared, shall be filed with the commission on or before the time
the first pleading is required to be filed with the commission by the party, whether
such pleading is exceptions or a petition for rehearing, reconsideration, or
reargument. The commission, upon request timely made, may extend the time
within which to file the transcript, and if the transcript cannot reasonably be
prepared within the time prescribed, the commission shall extend the time for filing
both the transcript and the first pleading of the party.
(3) The cost of preparing the transcript shall be advanced by the party
seeking to reverse, annul, or modify the recommended decision of a commissioner
or administrative law judge, or the decision of the commission; except that the
commission may upon objections by such party order any other party to advance
payment forthwith for the cost of preparing such parts of the transcripts
designated by them, as the commission shall determine.
(4) It is not necessary for a party to cause a transcript to be filed as provided
in this section in any case where the party does not seek to amend, modify, annul, or
reverse basic findings of fact which shall be set forth in the recommended decision
of a commissioner or administrative law judge or in the decision of the commission.
If such transcript is not filed pursuant to the provisions of this section for
consideration with the party's first pleading, it shall be conclusively presumed that
the basic findings of fact, as distinguished from the conclusions and reasons
therefor and the order or requirements thereon, are complete and accurate.
(5) Instead of designating portions of the transcript as provided in
subsection (2) of this section, the parties, by written stipulation filed with the
commission and acceptable to the commission, may designate the portions of the
transcript to be filed with the commission. The transcript, as agreed upon and
subject to the approval of the commission, shall be filed with the commission.
(6) In case of an action to review an order or decision of the commission, a
transcript of such testimony or the affidavits or other evidence under the shortened
or informal procedure, together with all exhibits or copies thereof introduced and
all information secured by the commission on its own initiative and considered by it
in rendering its order or decision, and the pleadings, record, and proceedings in the
case, shall constitute the record of the commission. On review of an order or
decision of the commission, the party seeking such review and the commission may
stipulate that a certain question alone or a particular portion only of the evidence
shall be certified to the district court for its judgment, whereupon such stipulation
and the question and the evidence specified shall constitute the record on review.