38 CFR § 42.35 - The record.

---
identifier: "/us/cfr/t38/s42.35"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 42.35 - The record."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "42.35"
section_name: "The record."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "42"
part_name: "STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Pub. L. 99-509, secs. 6101-6104, 100 Stat. 1874, codified at 31 U.S.C. 3801-3812."
regulatory_source: "53 FR 16710, May 11, 1988, unless otherwise noted."
cfr_part: "42"
---


# 42.35 The record.

(a) The hearing will be recorded and transcribed. Transcripts may be obtained following the hearing from the ALJ at a cost not to exceed the actual cost of duplication.

(b) The transcription of testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed in the proceeding constitute the record for the decision by the ALJ and the Secretary of Veterans Affairs.

(c) The record may be inspected and copied (upon payment of a reasonable fee) by anyone, unless otherwise ordered by the ALJ pursuant to § 42.24 of this part.