§ 4.236 - Record.


Latest version.
  • (a) After the completion of the hearing, the administrative law judge shall make up the official record containing:

    (1) A copy of the posted public notice of hearing showing the posting certifications;

    (2) A copy of each notice served on interested parties with proof of mailing;

    (3) The record of the evidence received at the hearing, including any transcript made of the testimony;

    (4) Claims filed against the estate;

    (5) Will and codicils, if any;

    (6) Inventories and appraisements of the estate;

    (7) Pleadings and briefs filed;

    (8) Special or interim orders;

    (9) Data for heirship finding and family history;

    (10) The decision and the administrative law judge's notices thereof; and

    (11) Any other material or documents deemed material by the administrative law judge.

    (b) The administrative law judge shall lodge the original record with the designated Land Titles and Records Office in accordance with 25 CFR part 150. A duplicate copy shall be lodged with the Superintendent originating the probate. A partial record may also be furnished to the Superintendents of other affected agencies. In those cases in which a hearing transcript has not been prepared, the verbatim recording of the hearing shall be retained in the office of the administrative law judge issuing the decision until the time allowed for rehearing or appeal has expired. In cases in which a transcript is not prepared, the original record returned to the Land Titles and Records Office shall contain a statement indicating no transcript was prepared.