Authority Under 34 CFR Part 8 Regarding Demands for Records Or Testimony in Legal Proceedings

Authority Under 34 CFR Part 8 Regarding Demands for Records Or Testimony in Legal Proceedings

<p>MEMORANDUM</p><p>TO: Principal Officers</p><p>FROM: The Secretary</p><p>SUBJECT: Delegation of Authority</p><p>I. DELEGATION</p><p>Under the authority vested in me by section 412 of the Department of Education Organization Act (DEOA) (Public Law 96-88), 20 U.S.C. 3472, I hereby delegate to you for employees in your Principal Office the authority described in 34 C.F.R. Part 8 regarding demands issued to Departmental employees for testifying or records in legal proceedings. This authority only applies to legal proceedings in which the United States is not a party.</p><p>Unless otherwise noted in future delegations of authority, amendments to the existing authorities delegated herein are included within the scope of this delegation.</p><p>II. RESERVATION</p><p>The authority should be exercised in consultation with the Office of the General Counsel.</p><p>III. REDELEGATION</p><p>This authority may be redelegated to Senior officials in your office who report directly to you. No other redelegation is permitted.</p><p>IV. CERTIFICATION AND EFFECTIVE DATE</p><p>This delegation is effective upon certification by the Department’s Principal Delegations Control Officer and supersedes all previous delegations of this authority.</p><p>______/s/______Richard W. Riley Page 2 – Delegation of Authority</p><p>OGC Clearance and Date: /s/ R. Wexler, 9/2/92 </p><p>Certified Date: 9/4/92</p><p>Control No. EA/EV/40</p><p>Certified by: /s/ Wilma J. Hodo______Departmental Delegations Control Officer</p><p>Addressees:</p><p>Principal Officers and List and PO Control No.</p><p>EA/EB/132 – Deputy Secretary EA/EC/150 – Assistant Secretary for Civil Rights EA/EE/3 – Assistant Secretary for Policy and Planning EA/EF/58 – Inspector General EA/EG/54 – General Counsel EA/EH/61 – Assistant Secretary for Special Education and Rehabilitative Services EA/EJ/22 - Assistant Secretary for Legislation and Congressional Affairs EA/EK/75 - Assistant Secretary for Intergovernmental and Interagency Affairs EA/EL/43 – Assistant Secretary for Management and Budget/CFO EA/EM/180 – Assistant Secretary for Human Resources and Administration EA/EP/183 - Assistant Secretary for Postsecondary Education EA/ES/42 - Assistant Secretary for Elementary and Secondary Education EA/ET/34 - Director, OBEMLA EA/EV/40 - Assistant Secretary for Vocational and Adult Education</p><p>EA/EI/2 – Chief Information Officer EA/EN/2 – Chief Operating Officer, FSA EA/EQ/2 – Deputy Under Secretary for Safe and Drug-Free Schools EA/ER/1 – Director, Institute of Education Sciences EA/EU/2 – Deputy Under Secretary for Innovation and Improvement</p>

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