---
kind: "section"
citation: "34 C.F.R. § 101.85"
title: "34"
number: "101.85"
heading: "Offer of proof."
url: "https://uscodex.org/cfr/34/101.85"
---

# §101.85. Offer of proof.


An offer of proof made in connection with an objection taken to any ruling of the presiding officer rejecting or excluding proffered oral testimony shall consist of a statement of the substance of the evidence which counsel contends would be adduced by such testimony; and, if the excluded evidence consists of evidence in documentary or written form or of reference to documents or records, a copy of such evidence shall be marked for identification and shall accompany the record as the offer of proof.


## Notes

### Authority

Authority: 5 U.S.C. 301.

### Source

Source: 45 FR 30931, May 9, 1980, unless otherwise noted.