TITLE 34 - EDUCATION

SUBTITLE B - REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION

CHAPTER I - OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

PART 101 - PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART 100 OF THIS TITLE

subpart h - HEARING PROCEDURES

101.75 - Affidavits.

An affidavit is; not inadmissible as such. Unless the presiding officer fixes other time periods affidavits shall be filed and served on the parties not later than 15 days prior to the hearing; and not less than 7 days prior to hearing a party may file and serve written objection to any affidavit on the ground that he believes it necessary to test the truth of assertions therein at hearing. In such event the assertions objected to will not be received in evidence unless the affiant is made available for cross-examination, or the presiding officer determines that cross-examination is not necessary for the full and true disclosure of facts referred to in such assertions. Notwithstanding any objection, however, affidavits may be considered in the case of any respondent who waives a hearing.