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Gearan v. Department of Health and Human Services

United States Court of Appeals for the Federal Circuit
838 F.2d 1190 (1988)


Paul Vaughan Gearan (plaintiff) appealed an administrative determination by the Department of Health and Human Services (defendant). Gearan sought to have the Merit Systems Protection Board (MSPB) prepare a written transcript of the administrative hearing as part of the official record on appeal. A court reporting service tape-recorded the administrative hearing and the hearing tape was included as part of the official record. The MSPB had procedures in place to arrange for transcription of the hearing tape upon request at the requesting party’s expense. Gearan moved for an order directing the MSPB to prepare and file a written transcription of the administrative hearing as part of the official record. Gearan asserted the Federal Rules of Appellate Procedure (Rules) required the MSPB to present the reviewing court with written hearing transcripts, arrange for transcription of the hearing tapes, and pay for the transcription services.

Rule of Law


Holding and Reasoning (Nies, J.)

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