Gearan v. Department of Health and Human Services
United States Court of Appeals for the Federal Circuit
838 F.2d 1190 (1988)
Relevant factsFree
Gearan (plaintiff) appealed an administrative determination by HHS (defendant) and sought an order requiring the Merit Systems Protection Board to prepare a written transcript of the hearing at its own expense for the official appellate record; the hearing had been tape-recorded, and the tape itself was already part of the official record, with the MSPB offering transcription services available upon request at the requesting party's own expense.
IssueFree
Whether, under the Federal Rules of Appellate Procedure, an administrative agency is required to present reviewing courts with hearing transcripts at its own expense.
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