[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: 34CFR8.3]

[Page 29-30]
 
                           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.

[[Page 30]]

    (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]