34 CFR 8.2 – What definitions apply?
The following definitions apply to this part:
Terms Used In 34 CFR 8.2
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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 or former 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.