[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR60.2]

[Page 100]
 
                           TITLE 34--EDUCATION
 
PART 60_INDEMNIFICATION OF DEPARTMENT OF EDUCATION EMPLOYEES
--Table of Contents
 
Sec. 60.2  What procedures apply to requests for indemnification?

    (a) When an employee of the Department of Education becomes aware 
that an action has been filed against the employee in his or her 
individual capacity as a result of conduct taken within the scope of his 
or her employment, the employee shall immediately notify the head of his 
or her principal operating component and shall cooperate with 
appropriate officials of the Department in the defense of the action.
    (b) As part of the notification in paragraph (a) of this section or 
at a later time, the employee may request--
    (1) Indemnification to satisfy a verdict, judgment, or award entered 
against the employee; or
    (2) Payment to satisfy the requirements of a settlement proposal.
    (c)(1) The employee's request must be in writing to the head of his 
or her principal operating component and must be accompanied by copies 
of the complaint and other documents filed in the action, including the 
verdict, judgment, award, settlement, or settlement proposal, as 
appropriate.
    (2)(i) As used in this section, the term principal operating 
component means an office in the Department headed by an Assistant 
Secretary, a Deputy Under Secretary, or an equivalent departmental 
officer who reports directly to the Secretary.
    (ii) The term also includes the Office of the Secretary and the 
Office of the Under Secretary.
    (d) The head of the employee's principal operating component submits 
to the General Counsel, in a timely manner, the request, together with a 
recommended disposition of the request.
    (e) The General Counsel forwards to the Secretary for decision--
    (1) The employee's request;
    (2) The recommendation of the head of the employee's principal 
operating component; and
    (3) The General Counsel's recommendation.

(Authority: 20 U.S.C. 3411, 3461, 3471, and 3474)