(a) Unless precluded by law, the hearing shall be recorded electronically by tape recorder or similar device either by the IHO or by someone designated by the IHO. The recording is the official record of the testimony offered as evidence during the hearing. Any party, however, may request, at the party's expense, that the hearing be recorded by a court reporter if the request is made no later than 10 days before the date of the hearing.
(b) In lieu of a recording of the testimony electronically or of the reporting of testimony by a court reporter, the parties to a hearing may agree upon a statement of the evidence, agree to use recorded transcriptions as a statement of the testimonial evidence, or agree to the summarization of testimony before the IHO, provided, however, that proceedings or any part of them shall be transcribed on written request of any party.
(c) Unless otherwise provided in this subchapter, the party requesting a transcription of any electronic recording of the proceedings shall bear the cost for transcribing any such electronically recorded testimony. Nothing provided for in this section limits the Agency to a stenographic record of the proceedings.

Source Note: The provisions of this §850.78 adopted to be effective May 13, 2019, 44 TexReg 2364