[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: 34CFR8.1]



[Page 28-29]

 

                           TITLE 34--EDUCATION

 

PART 8_DEMANDS FOR TESTIMONY OR RECORDS IN LEGAL PROCEEDINGS--Table 

of Contents

 

Sec.  8.1  What is the scope and applicability of this part?









Sec.

8.1 What is the scope and applicability of this part?

8.2 What definitions apply?

8.3 What are the requirements for submitting a demand for testimony or 

          records?

8.4 What procedures are followed in response to a demand for testimony?

8.5 What procedures are followed in response to a demand for records?





[[Page 29]]





    Authority: 5 U.S.C. 301; 5 U.S.C. 552; 20 U.S.C. 3474, unless 

otherwise noted.



    Source: 57 FR 34646, Aug. 5, 1992, unless otherwise noted.





    (a) Except as provided in paragraph (c) of this section, this part 

establishes the procedures to be followed if the Department or any 

departmental employee receives a demand for--

    (1) Testimony by an employee concerning--

    (i) Records contained in the files of the Department;

    (ii) Information relating to records contained in the files of the 

Department; or

    (iii) Information or records acquired or produced by the employee in 

the course of his or her official duties or because of the employee's 

official status; or

    (2) The production or disclosure of any information or records 

referred to in paragraph (a)(1) of this section.

    (b) This part does not create any right or benefit, substantive or 

procedural, enforceable by any person against the Department.

    (c) This part does not apply to--

    (1) Any proceeding in which the United States is a party before an 

adjudicative authority;

    (2) A demand for testimony or records made by either House of 

Congress or, to the extent of matter within its jurisdiction, any 

committee or subcommittee of Congress; or

    (3) An appearance by an employee in his or her private capacity in a 

legal proceeding in which the employee's testimony does not relate to 

the mission or functions of the Department.



(Authority: 5 U.S.C. 301; 20 U.S.C. 3474)