[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

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)