Rule 17 Filing of the Record

(a) Agency to File; Time for Filing; Notice of Filing. The agency shall file the record with the clerk of court within 30 days after service upon it of the petition for review. In enforcement proceedings the agency shall file the record within 30 days after filing an application for enforcement, but the record need not be filed unless the respondent has filed an answer contesting enforcement of the order, or unless the appellate division or judge thereof otherwise orders. The court may shorten or extend the time above prescribed. The clerk shall give notice to all parties of the date on which the record is filed.

(b) Filing – What Constitutes. The agency may file the entire record or such parts thereof as the parties may designate by stipulation filed with the agency. The original papers in the agency proceeding or certified copies thereof maybe filed. Instead of filing the record or designated parts thereof, the agency may file a certified list of all documents, transcripts of testimony, exhibits and other material comprising the record, or a list of such parts thereof as the parties may designate, adequately describing each, and the filing of the certified list shall constitute filing of the record. The parties may stipulate that neither the record nor a certified list be filed with appellate division. The stipulation shall be filed with the clerk of court and the date of its filing shall be deemed the date on which the record is filed. If a certified list is filed, or if the parties designate only parts of the record for filing or stipulate that neither the record nor a certified list be filed, the agency shall retain the record or parts thereof. Upon request of the appellate division or the request of a party, the record or any part thereof thus retained shall be transmitted to the appellate division notwithstanding any prior stipulation. All parts of the record retained by the agency shall be a part of the record on review for all purposes.