[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: 34CFR8.3] [Page 30] TITLE 34--EDUCATION PART 8--DEMANDS FOR TESTIMONY OR RECORDS IN LEGAL PROCEEDINGS--Table of Contents Sec. 8.3 What are the requirements for submitting a demand for testimony or records? (a) A demand for testimony of an employee or former employee, or a demand for records issued pursuant to the rules governing the legal proceeding in which the demand arises-- (1) Must be in writing; and (2) Must state the nature of the requested testimony or records and why the information sought is unavailable by any other means. (b) Service of a demand for testimony of an employee or former employee must be made on the employee or former employee whose testimony is demanded, with a copy simultaneously delivered to the General Counsel, U.S. Department of Education, Office of the General Counsel, 400 Maryland Avenue, SW., room 4083, FOB-6, Washington, DC 20202-2100. (c) Service of a demand for records, as described in Sec. 8.5(a)(1), must be made on an employee or former employee who has custody of the records, with a copy simultaneously delivered to the General Counsel at the address listed in paragraph (b) of this section. For assistance in identifying the custodian of the specific records demanded, contact the Records Management Branch Chief, Office of Information Resources Management, U.S. Department of Education, 7th and D Streets, SW., ROB-3, Washington, DC 20202-4753. (Authority: 5 U.S.C. 301; 20 U.S.C. 3474) (Approved by the Office of Management and Budget under control number 1801-0002) [57 FR 34646, Aug. 5, 1992, as amended at 58 FR 7860, Feb. 9, 1993]