Rule 4 Designation and Filing of Record

(a) Upon filing of the petition, the petitioner shall designate those parts of the record deemed material to the questions presented in the appeal, including the relevant proceedings to be transcribed, and serve notice of such designation upon all parties to the appeal. If the petitioner has not designated the entire record, the respondent(s) shall have ten days to file a cross- designation of additional portions of the record for review. Additionally, the parties may, by written stipulation, jointly designate the parts of the record to be prepared for appeal.

(b) Within thirty days after the filing of the petition and docketing statement, or within such further time as the trial court may allow, the agency shall file a certification of record stating that the record, including all necessary transcripts and exhibits, is complete for purposes of the appeal.

(1) If a party who is not the agency finds it necessary to designate portions of testimony from the administrative hearing as part of the record, the requesting party shall make a showing of good cause and seek permission from the trial court to order the requested testimony from the agency. Upon approval by the trial court, the petitioner shall submit an adequate number of blank audio cassette tapes, compact discs, or other media approved by the agency to the agency within fourteen days after the court grants permission to do so. Upon receipt of the blank audio cassette tapes or compact discs from the petitioner, the agency shall, within fourteen days, transfer the recorded testimony from the administrative hearing onto the tapes or discs and make them available to the petitioner. Upon receipt of the tapes or discs from the agency, the petitioner shall, within thirty days, transcribe the relevant portions of the testimony, file them with the trial court, and notify all parties that the transcript has been filed.

(2) If the agency finds it necessary to designate additional portions of testimony from the administrative hearing as part of the record, it shall seek permission from the trial court to submit the transcribed portions of testimony. Upon a showing of good cause and after approval by the court, the agency must submit the transcripts to the trial court within thirty days after the filing of the petition and docketing statement.

(3) Upon a showing of good cause by either party, the trial court may modify the time to submit all or parts of the designated record.

(c) The reasonable expense of preparing such record shall be taxed as a part of the costs of the appeal, unless otherwise provided by law. Upon order of the trial court, the petitioner shall provide security for costs satisfactory to the trial court. If both parties appeal, the costs shall be shared equally. Unless otherwise prohibited by statute, by stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the trial court for the additional costs involved.

(d) Upon demand by any party to the appeal, the agency shall furnish a copy of the designated record. In the event such record is not filed with the trial court within the time provided for in this section, the petitioner may apply to the trial court to have the case docketed, and the court shall order such record filed. The trial court may also independently docket the case when the circumstances warrant such action.