Panel continues hearing to May 20 so absent expert can review testimony; staff to distribute Teams transcript

A board panel agreed on a continuation date and to provide parties with a transcript after members raised concerns about an absent expert’s ability to participate.

A panel member proposed pausing so Dr. Payne could review roughly 30 minutes of testimony and then rejoin the panel to take part in qualification and voting. "I do recommend to the panel that we recess for longer, that we recess for 30 minutes or so, and allow doctor Payne an opportunity to review the testimony, review the transcript," the member said.

Staff and attorneys said an official transcript would not be instantaneous. One staff speaker said a court-reporter read-back of 30 minutes "would take longer than 30 minutes," and the board discussed the alternative of using a Microsoft Teams AI transcript as an interim measure. "So I've never, actually seen a Microsoft Teams transcript, so I don't know how accurate it is," Attorney Solano said, adding he could review a Teams transcript quickly to judge whether it would suffice.

The panel chair told participants that recordings and transcripts typically take time to upload and appear on the Department of Public Health website, and asked staff to share whatever Teams/video transcript was available. Miss Kapuskas, who described the files as initially downloading to a shared drive and being shared after IT issues are resolved, said she expected parties would have the transcript in about "2 to 3 weeks." "I can provide that right away," she said when asked about the Teams transcript.

After discussing timing conflicts for April dates, members and counsel agreed to continue the hearing to May 20 and to try to start early by rolling the hearing into the regular board meeting if possible. The chair summarized the decision: "We are gonna continue this hearing. It is going to be May 20. Our board meeting starts at 08:30 that day. I would encourage everyone that's going to be in this hearing probably get on at 08:30."

Attorneys and witnesses noted scheduling constraints; one witness said May 20 would work if he could be cross-examined early because he had a time restriction at about 1 p.m. The panel asked staff (Brett/Camille) to make available the 1:30–2:00 window of testimony for Dr. Payne to review before the continuation, and to send the transcript to all parties as a board exhibit if it is used in advance of the resumption.

The chair closed by thanking participants and confirming details for May 20. The panel did not take a formal evidentiary vote on the use of a Teams transcript; it instead set the continuation date and directed staff to distribute the available recording/transcript for review ahead of the next session.