---
kind: "section"
citation: "34 C.F.R. § 8.1"
title: "34"
number: "8.1"
heading: "What is the scope and applicability of this part?"
url: "https://uscodex.org/cfr/34/8.1"
---

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

- (a) Except as provided in [paragraph (c)](#c) of this section, this part establishes the procedures to be followed when the Department or any employee of the Department 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)](#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.

## Notes

### Amendments

[57 FR 34646, Aug. 5, 1992, as amended at 73 FR 27748, May 14, 2008]

### Authority

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

### Source

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

### Amendments

[57 FR 34646, Aug. 5, 1992, as amended at 73 FR 27748, May 14, 2008]