[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: 34CFR8.2]



[Page 29]

 

                           TITLE 34--EDUCATION

 

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

of Contents

 

Sec.  8.2  What definitions apply?



    The following definitions apply to this part:

    Adjudicative authority includes, but is not limited to--

    (1) A court of law or other judicial forums; and

    (2) Mediation, arbitration, or other forums for dispute resolution.

    Demand includes a subpoena, subpoena duces tecum, request, order, or 

other notice for testimony or records arising in a legal proceeding.

    Department means the U.S. Department of Education.

    Employee means a current employee or official of the Department or 

of an advisory committee of the Department, including a special 

government employee, unless specifically provided otherwise in this 

part.

    Legal proceeding means--

    (1) A proceeding before an adjudicative authority;

    (2) A legislative proceeding, except for a proceeding before either 

House of Congress or before any committee or subcommittee of Congress, 

to the extent of matter within the committee's or subcommittee's 

jurisdiction; or

    (3) An administrative proceeding.

    Secretary means the Secretary of Education or an official or 

employee of the Department acting for the Secretary under a delegation 

of authority.

    Testimony means statements made in connection with a legal 

proceeding, including but not limited to statements in court or other 

forums, depositions, declarations, affidavits, or responses to 

interrogatories.

    United States means the Federal Government of the United States and 

any of its agencies or instrumentalities.



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