I made a decision not to request a transcript of the initial hearing for the following reasons:
1. To expedite the appeal.
2. The issue of mental capacity was not brought up at the hearing.
3. The issue of misconduct was being resolved in another tribunal and a final disposition was not expected until the summer.
4. If an appeal was granted and a new hearing ordered, I would be able to review the tape recording of the initial hearing in advance and could address then whatever issues might be raised in the first hearing that was not already addressed in the initial decision.
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