[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: 34CFR8.1]

[Page 29]
 
                           TITLE 34--EDUCATION
 
PART 8--DEMANDS FOR TESTIMONY OR RECORDS IN LEGAL PROCEEDINGS--Table of Contents
 
Sec. 8.1  What is the scope and applicability of this part?

    (a) Except as provided in paragraph (c) of this section, this part 
establishes the procedures to be followed if the Department or any 
departmental employee receives a demand for--
    (1) Testimony by an employee concerning--
    (i) Records contained in the files of the Department;
    (ii) Information relating to records contained in the files of the 
Department; or
    (iii) Information or records acquired or produced by the employee in 
the course of his or her official duties or because of the employee's 
official status; or
    (2) The production or disclosure of any information or records 
referred to in paragraph (a)(1) of this section.
    (b) This part does not create any right or benefit, substantive or 
procedural, enforceable by any person against the Department.
    (c) This part does not apply to--
    (1) Any proceeding in which the United States is a party before an 
adjudicative authority;
    (2) A demand for testimony or records made by either House of 
Congress or, to the extent of matter within its jurisdiction, any 
committee or subcommittee of Congress; or
    (3) An appearance by an employee in his or her private capacity in a 
legal proceeding in which the employee's testimony does not relate to 
the mission or functions of the Department.

(Authority: 5 U.S.C. 301; 20 U.S.C. 3474)