Legal Question in Administrative Law in California

At the time of my Informal Hearing which I am now in the process of appealing by petition for writ of administrative mandate in Superior Court; the Hearing Officer had his own digital (could have been analogue) recording device. At the beginning of the hearing he specifically mentioned he was recording the hearing, but only for his own personal reference. No official recording or court reporter documented the Informal Hearing.

Now that the attorney for the local agency whose decision I am challenging has had their demurrer to my petition overruled and must file an answer and I can move toward the actual hearing on the writ petition; the attorney tells me my administrative record will be prepared and submitted to the court and that they have requested and obtained the "recording" from the Hearing Officer so they can transcribe it. My question is, since I'm arguing that I did not receive a fair trial etc and it was ridiculously arbitrary with how unfair it was; is this �recording going be considered part of the administrative record even though it was a "personal" recording? Who is to say that the Hearing Officer won't just "edit" out certain bits here and there, especially in reading my complaint??? He has had the tape in his possession since December 2011, and yet now it will be transcribed?Just to note that I would welcome the recording if I could guarantee it was not augmented. In fact a true copy would detail the abuse of discretion, but how do I go about making sure it is the whole hearing transcribed without "edits"? Anyone one have any understanding of what the proper legal rules for such a situation would be? �Yes I'm In Pro Per, but give me a little credit, as I must also give to this site, I've been able to have a demurrer, judicial notice, and motion to strike from the respondent OverRuled each time against a county counselor who knows her way around writs! It feels good to know the court system is just and available to it's citizens; and especially to someone who has no business tackling legal proceedings like writs on her own, but needs to be heard. Thanks in Advance for any advice! This site has gotten me this far...;).


Asked on 6/04/12, 3:20 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

The court will normally permit you to object to the record if it fails to contain material that you can establish should have been contained in the record. The hearing officer may have the ultimate discretion as to what was contained in the record. The recording will be the basic record if the hearing officer attests that it represents his recollection of what took place at the hearing. You can file declarations regarding omissions or additions to the record. The trial court will determine whether any of your proposed amendments will be made part of the record. The recording may help more than it hurts if it contains everything that took place.

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Answered on 6/04/12, 10:26 pm


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