[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: 34CFR8.4]



[Page 30]

 

                           TITLE 34--EDUCATION

 

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

of Contents

 

Sec.  8.4  What procedures are followed in response to a demand for 

testimony?



    (a) After an employee receives a demand for testimony, the employee 

shall immediately notify the Secretary and request instructions.

    (b) An employee may not give testimony without the prior written 

authorization of the Secretary.

    (c)(1) The Secretary may allow an employee to testify if the 

Secretary determines that the demand satisfies the requirements of Sec.  

8.3 and that granting permission--

    (i) Would be appropriate under the rules of procedure governing the 

matter in which the demand arises and other applicable laws, rules, and 

regulations; and

    (ii) Would not be contrary to an interest of the United States, 

which includes furthering a public interest of the Department and 

protecting the human and financial resources of the United States.

    (2) The Secretary may establish conditions under which the employee 

may testify.

    (d) If a response to a demand for testimony is required before the 

Secretary determines whether to allow an employee to testify, the 

employee or counsel for the employee shall--

    (1) Inform the court or other authority of the regulations in this 

part; and

    (2) Request that the demand be stayed pending the employee's receipt 

of the Secretary's instructions.

    (e) If the court or other authority declines the request for a stay, 

or rules that the employee must comply with the demand regardless of the 

Secretary's instructions, the employee or counsel for the employee shall 

respectfully decline to comply with the demand, citing United States ex 

rel. Touhy v. Ragen, 340 U.S. 462 (1951), and the regulations in this 

part.



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