§ 44-552 — Record of hearing; certified shorthand reporter; digital recording; transcript; transcription and attestation of accuracy of digital recording; transcripts as evidence; costs

Kansas § 44-552

• Jurisdiction: Kansas
• Ch. 44: LABOR AND INDUSTRIES
• Art. 5: WORKERS COMPENSATION

Text

(a) The director with the approval of the secretary of labor shall at each hearing under the workers compensation act appoint a certified shorthand reporter, who may be within the classified service of the Kansas civil service act, to attend each hearing where testimony is introduced, and preserve a complete record of all oral or documentary evidence introduced and all proceedings had at such hearing unless such appointment is waived by mutual agreement. In the alternative, the director may cause such hearings to be recorded by digital recording or other comparable means. At the conclusion of the hearing in any case, if neither party has requested opportunity to file briefs, the administrative law judge may read into the record for certification and filing in the office of the director such stipulations, findings, rulings or orders the administrative law judge deems expedient to the early disposition of the case. If the administrative law judge uses such procedure, with the consent of the parties, no transcript of the record of the hearing shall be made, except that part which is read into the record by the administrative law judge.
(b) All testimony introduced and proceedings had in hearings shall be taken down by the certified shorthand reporter or recorded digitally or by other comparable means. If an action for review is commenced or if the director, or either party or the best interests of the administration of justice, so instructs, the certified shorthand reporter shall transcribe the certified shorthand reporter's notes of such hearing. If such hearing was recorded by digital recording or other comparable means, a certified shorthand reporter or notary public shall transcribe the recording and attest to its accuracy. If an action for review is commenced, the cost of preparing a transcript shall be paid as provided by K.S.A. 77-620, and amendments thereto. If no action for review is commenced, the cost of preparing a transcript shall be taxed as costs in the case at the discretion of the director in accordance with fair and customary rates charged in the state of Kansas. All official notes of such certified shorthand reporters or digital recordings or recordings by other comparable means shall be preserved and filed in the office of the director. Any transcript prepared as above provided and duly certified shall be received as evidence by the board and by any court with the same effect as if the certified shorthand reporter or notary were present and testified to the records so certified.
(c) The director or administrative law judge, whoever is conducting the hearing, may make the findings, awards, decisions, rulings or modifications of findings or awards and do all acts at any time without awaiting the transcription of the testimony of the certified shorthand reporter or notary if the director or administrative law judge deems it expedient and advisable to do so.
(d) The certified short hand reporter's fee shall be taxed as costs if a fee is incurred and no record is taken.

Legislative History

L. 1927, ch. 232, § 37; L. 1955, ch. 250, § 15; L. 1961, ch. 243, § 4; L. 1980, ch. 146, § 12; L. 1986, ch. 318, § 56; L. 1991, ch. 144, § 10; L. 1993, ch. 286, § 54; L. 2004, ch. 179, § 17; L. 2011, ch. 55, § 24; L. 2024, ch. 27, § 22; July 1.