When you file a case asking a court to overturn or change a state or local agency’s decision, your case is called “an administrative appeal.” It may also be called a “complaint for judicial review” or, in the case of a state agency, a “30A appeal.”
Once you have filed your administrative appeal in court, the agency will prepare the administrative record, which includes all of the documents that were a part of the agency hearings. The administrative record does not automatically include a transcript of testimony and arguments at the agency’s hearing. It is your responsibility to request a transcript if you need one for your case. Superior Court rules require you to request a transcript within 30 days after you serve the complaint. For more information, read Superior Court Standing Order 1-96.
When you need a transcript
Not all administrative appeals under General Laws c. 30A, § 14(7) require a transcript. You must request a transcript if your appeal argues that:
- the agency’s decision is not supported by substantial evidence;
- the agency’s decision is arbitrary or capricious; and/or
- the agency abused its discretion when making the decision.
How to get a transcript
The agency is supposed to send a letter to explain how to get a transcript of the hearing. If you didn’t get that information, contact the agency right away and request a transcript. Do not wait for the agency’s letter, because it is your responsibility to order the transcript before the deadline. For most agencies, you must ask the agency to provide you with the recording of your administrative hearing. Once you have the recording, contact a transcriber to get the recording transcribed. Use a transcriber recommended by the agency, or choose from the list of court-approved transcribers (see additional resources below).
Ask transcribers how much they charge for transcriptions before you select one. Once you have selected a transcriber, send the audio recordings from your hearing to that company. The transcriber will charge you for the transcript, and may charge you an additional price for any extra copies.
Additional Resources for
What to do if you cannot afford a transcript
By state law, G.L. c. 261, § 27A-G , if you cannot pay for court fees and costs, you may be able to have the state pay for them if you file an “Affidavit of Indigency and Request for a Waiver, Substitution or State Payment of Fees & Costs.” Learn more about waiving court fees online at Indigency (Waiver of Fees). The fees that the court may waive or pay for you include ‘normal fees,’ such as the filing fee for filing your appeal, and may also include ‘extra fees,’ such as the cost of transcripts of your administrative hearing. Make sure you give a clear description of the fees you are requesting the court to pay. For example, if you want a copy of the transcript for the court and a copy for yourself, make sure to ask the court to pay for two copies of the transcript.
If you are found to be indigent, the court may approve your request to have transcripts paid for. The court will not decide to pay for the transcripts in every case. If the court will be paying for the transcript, you must use a court-approved transcriber from the list of court-approved transcribers (see additional resources below).
The transcriber will either send you a bill, or if the court authorizes, will send the bill directly to the court. If the court has agreed to pay for transcripts but you still receive a bill from the transcriber, please provide it to the court, so the court can pay it. G.L. c. 261, § 27G .