[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: 34CFR33.20]



[Page 78]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.20  Disclosure of documents.



    (a) Upon written request to the reviewing official, the defendant 

may review any relevant and material documents, transcripts, records, 

and other materials that relate to the allegations set out in the 

complaint and upon which the findings and conclusions of the 

investigating official under Sec.  33.4(b) are based, unless those 

documents are subject to a privilege under Federal law. Upon payment of 

fees for duplication, the defendant may obtain copies of the documents.

    (b) Upon written request to the reviewing official, the defendant 

also may obtain a copy of all exculpatory information in the possession 

of the reviewing official or investigating official relating to the 

allegations in the complaint, even if it is contained in a document that 

would otherwise be privileged. If the document would otherwise be 

privileged, only that portion containing exculpatory information must be 

disclosed.

    (c) The notice sent to the Attorney General from the reviewing 

official as described in Sec.  33.5 is not discoverable under any 

circumstances.

    (d) The defendant may file a motion to compel disclosure of the 

documents subject to the provisions of this section. Such a motion may 

only be filed with the ALJ following the filing of an answer pursuant to 

Sec.  33.9.



(Authority: 31 U.S.C. 3803(g)(3)(B)(ii), 3803(e))



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