[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR33.20]

[Page 78-79]
 
                           TITLE 34--EDUCATION
 
PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 33.20  Disclosure of documents.

    (a) Upon written request to the reviewing official, the defendant 
may review any relevant and material documents, transcripts, records, 
and other materials that relate to the allegations set out in the 
complaint and upon which the findings and conclusions of

[[Page 79]]

the investigating official under Sec. 33.4(b) are based, unless those 
documents are subject to a privilege under Federal law. Upon payment of 
fees for duplication, the defendant may obtain copies of the documents.
    (b) Upon written request to the reviewing official, the defendant 
also may obtain a copy of all exculpatory information in the possession 
of the reviewing official or investigating official relating to the 
allegations in the complaint, even if it is contained in a document that 
would otherwise be privileged. If the document would otherwise be 
privileged, only that portion containing exculpatory information must be 
disclosed.
    (c) The notice sent to the Attorney General from the reviewing 
official as described in Sec. 33.5 is not discoverable under any 
circumstances.
    (d) The defendant may file a motion to compel disclosure of the 
documents subject to the provisions of this section. Such a motion may 
only be filed with the ALJ following the filing of an answer pursuant to 
Sec. 33.9.

(Authority: 31 U.S.C. 3803(g)(3)(B)(ii), 3803(e))