[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR101.77]



[Page 364-365]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 101_PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART 100 OF THIS TITLE

--Table of Contents

 

                      Subpart H_Hearing Procedures

 

Sec.  101.77  Admissions as to facts and documents.



    Not later than 15 days prior to the scheduled date of the hearing 

except for good cause shown, or prior to such earlier date as the 

presiding officer may order, any party may serve upon



[[Page 365]]



an opposing party a written request for the admission of the genuineness 

and authenticity of any relevant documents described in and exhibited 

with the request, or for the admission of the truth of any relevant 

matters of fact stated in the request. Each of the matters of which an 

admission is requested shall be deemed admitted, unless within a period 

designated in the request (not less than 10 days after service thereof, 

or within such further time as the presiding officer or the reviewing 

authority if no presiding officer has yet been designated may allow upon 

motion and notice) the party to whom the request is directed serves upon 

the requesting party a sworn statement either denying specifically the 

matters of which an admission is requested or setting forth in detail 

the reasons why he cannot truthfully either admit or deny such matters. 

Copies of requests for admission and answers thereto shall be served on 

all parties. Any admission made by a party to such request is only for 

the purposes of the pending proceeding, or any proceeding or action 

instituted for the enforcement of any order entered therein, and shall 

not constitute and admission by him for any other purpose or be used 

against him in any other proceeding or action.