[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: 34CFR8.3]



[Page 29-30]

 

                           TITLE 34--EDUCATION

 

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

of Contents

 

Sec.  8.3  What are the requirements for submitting a demand for 

testimony or records?



    (a) A demand for testimony of an employee or former employee, or a 

demand for records issued pursuant to the rules governing the legal 

proceeding in which the demand arises--

    (1) Must be in writing; and

    (2) Must state the nature of the requested testimony or records and 

why the information sought is unavailable by any other means.

    (b) Service of a demand for testimony of an employee or former 

employee must be made on the employee or former employee whose testimony 

is demanded, with a copy simultaneously delivered to the General 

Counsel, U.S. Department of Education, Office of the General Counsel, 

400 Maryland Avenue, SW., room 4083, FOB-6, Washington, DC 20202-2100.



[[Page 30]]



    (c) Service of a demand for records, as described in Sec.  

8.5(a)(1), must be made on an employee or former employee who has 

custody of the records, with a copy simultaneously delivered to the 

General Counsel at the address listed in paragraph (b) of this section. 

For assistance in identifying the custodian of the specific records 

demanded, contact the Records Management Branch Chief, Office of 

Information Resources Management, U.S. Department of Education, 7th and 

D Streets, SW., ROB-3, Washington, DC 20202-4753.



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



(Approved by the Office of Management and Budget under control number 

1801-0002)



[57 FR 34646, Aug. 5, 1992, as amended at 58 FR 7860, Feb. 9, 1993]