34 CFR § 101.85 - Offer of proof.

---
identifier: "/us/cfr/t34/s101.85"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 101.85 - Offer of proof."
title_number: 34
title_name: "Education"
section_number: "101.85"
section_name: "Offer of proof."
chapter_name: "OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION"
part_number: "101"
part_name: "PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART 100 OF THIS TITLE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301."
regulatory_source: "45 FR 30931, May 9, 1980, unless otherwise noted."
cfr_part: "101"
---


# 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.