Procedural rights: States that require administrative agencies to provide a transcript of adjudicative hearings (2020)
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The research presented on this page was completed in 2020. It has not been regularly updated since its completion. This page is likely outdated and may be incomplete.
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This page contains information from a Ballotpedia survey about administrative due process. Ballotpedia reviewed the 50 state constitutions and administrative procedures acts (APAs) to determine which states required administrative agencies to provide a transcript of adjudicative hearings as of July 2020.
Because state administrative agencies are unlike traditional state courts, the same rules of hearing procedure do not always apply. Ballotpedia conducted this survey to see whether people who participate in the adjudication process before a state agency receive a transcript of the proceedings for their records.
Understanding adjudication procedures provides insight into due process procedural rights of citizens at the state level. Procedural rights is one of the five pillars key to understanding the main areas of debate about the nature and scope of the administrative state.
According to the Ballotpedia survey, 45 state APAs sometimes required administrative agencies to provide a transcript of adjudicative hearings, as of July 2020. Administrative agencies in those states had to provide a written transcript of adjudication proceedings in certain circumstances.
This page features the following sections:
- Background and methodology
- Summary of key findings
- Table showing which states required administrative agencies to provide a transcript of adjudicative hearings
Background and methodology
Background
For this survey, Ballotpedia examined whether states required administrative agencies to provide a transcript of adjudicative hearings.
Adjudication proceedings include agency determinations outside of the rulemaking process that aim to resolve disputes between either agencies and private parties or between two private parties. The adjudication process results in the issuance of an adjudicative order, which serves to settle the dispute and, in some cases, may set agency policy.
As administrative agencies are not part of the judicial branch but rather the executive branch, they often have due process standards that differ from those followed in the traditional judicial branch courts.
Administrative Procedure Acts (APAs), which govern the procedures state administrative agencies must follow to issue regulations and adjudicate disputes, vary among the 50 states, but many offer fewer procedural protections for those accused of wrongdoing than a defendant would have in a courtroom.
Methodology
Ballotpedia examined all 50 state constitutions and APAs to see whether states required agencies to provide a transcript of adjudicative hearings. Ballotpedia reviewed each provision involving agency orders, penalties, hearings, or appeals to see whether agencies had to provide a transcript of adjudicative hearings in every case.
Many states required agencies to provide a transcript of adjudicative hearings when a party to the case requested one. Ballotpedia concluded, therefore, that those states required agencies to provide a transcript of adjudicative hearings on request.
Some state requirements for agencies to provide a transcript of adjudicative hearings vary by agency. Ballotpedia concluded, therefore, that they sometimes required agencies to provide a transcript of adjudicative hearings.
Some states required agencies to provide a transcript of adjudicative hearings during appeals to state courts. Ballotpedia concluded, therefore, that they required agencies to provide a transcript of adjudicative hearings during appeals.
When state APAs or constitutions did not mention transcripts of hearings, Ballotpedia concluded, therefore, that those states did not require agencies to provide a transcript of adjudicative hearings.
To see the specific legal provisions Ballotpedia used to categorize each state, click here.
Summary of findings
Ballotpedia's survey of state constitutions and APAs produced the following key takeaways (as of June 2020):
- 41 states required agencies to provide a transcript of adjudicative hearings on request
- 2 states sometimes required agencies to provide a transcript of adjudicative hearings
- 2 states required agencies to provide a transcript of adjudicative hearings during appeals to state courts
- 5 states did not require agencies to provide a transcript of adjudicative hearings
Results: States that required agencies to provide transcripts of adjudication proceedings
The table below includes each state in alphabetical order and indicates those with specific provisions in their constitutions or APAs requiring agencies to provide transcripts of adjudication proceedings.
means that the state required agencies to provide transcripts of adjudication proceedings on request
means that the state requirements to provide transcripts of adjudication proceedings varied by agency
means that the state required agencies to provide transcripts of adjudication proceedings during appeals to state courts
means that the state did not require agencies to provide transcripts of adjudication proceedings
State laws, beyond the constitution and APA, that require agencies to provide transcripts of adjudication proceedings are outside the scope of this survey.
| State | Constitution or APA requirement for agencies to provide transcripts of adjudication proceedings | ||
|---|---|---|---|
| Alabama | 
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| Alaska |  *
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| Arizona |
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| Arkansas |
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| California | *
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| Colorado |
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| Connecticut |
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| Delaware |
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| Florida |
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| Georgia |
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| Hawaii |
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| Idaho |
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| Illinois |
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| Indiana |
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| Iowa |
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| Kansas |
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| Kentucky |
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| Louisiana |
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| Maine |
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| Maryland |
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| Massachusetts |
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| Michigan |
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| Minnesota |
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| Mississippi | *
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| Missouri |
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| Montana |
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| Nebraska |
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| Nevada |
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| New Hampshire |
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| New Jersey |
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| New Mexico |
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| New York |
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| North Carolina |
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| North Dakota |
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| Ohio | 
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| Oklahoma |
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| Oregon |
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| Pennsylvania | *
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| Rhode Island |
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| South Carolina |
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| South Dakota |
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| Tennessee |
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| Texas |
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| Utah |
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| Vermont |
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| Virginia | *
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| Washington |
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| West Virginia |
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| Wisconsin |
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| Wyoming |
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| Notes: * - These states do not have constitutions or APAs that forbid providing transcripts of adjudication, but they do not mention whether agencies must provide transcripts. | |||
See also
Footnotes
