# 34 CFR § 35.10: Limitation on Department's authority

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-34-35.10

## Section

- **Citation:** 34 CFR § 35.10
- **Heading:** Limitation on Department's authority
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 34—Education > Subtitle A—Office of the Secretary, Department of Education > PART 35—TORT CLAIMS AGAINST THE GOVERNMENT > Subpart B—Procedures

## Text

(a) An award, compromise or settlement of a claim hereunder in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. For the purposes of this paragraph, a principal claim and any derivative or subrogated claim shall be treated as a single claim.
(b) An administrative claim may be adjusted, determined, compromised or settled hereunder only after consultation with the Department of Justice when, in the opinion of the Department:
(1) A new precedent or a new point of law is involved; or
(2) A question of policy is or may be involved; or
(3) The United States is or may be entitled to indemnity or contribution from a third party and the Department is unable to adjust the third party claim; or
(4) The compromise of a particular claim, as a practical matter, will or may control the disposition of a related claim in which the amount to be paid may exceed $25,000.
(c) An administrative claim may be adjusted, determined, compromised or settled only after consultation with the Department of Justice when it is learned that the United States or an employee, agent or cost plus contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction.

## Nearby sections

- [34 CFR § 35.1 § 35.1 Scope of regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.1.md)
- [34 CFR § 35.2 § 35.2 Administrative claim; when presented; place of filing.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.2.md)
- [34 CFR § 35.3 § 35.3 Administrative claim; who may file.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.3.md)
- [34 CFR § 35.4 § 35.4 Administrative claim; evidence and information to be submitted.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.4.md)
- [34 CFR § 35.5 § 35.5 Investigation of claims.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.5.md)
- [34 CFR § 35.6 § 35.6 Final denial of claim.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.6.md)
- [34 CFR § 35.7 § 35.7 Payment of approved claims.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.7.md)
- [34 CFR § 35.8 § 35.8 Release.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.8.md)
- [34 CFR § 35.9 § 35.9 Penalties.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.9.md)
- [34 CFR § 35.10 § 35.10 Limitation on Department's authority.](https://www.frixlaw.com/law-library/statutes/ecfr-34-35.10.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-34-35.10. Check the current official text before relying on it. Not legal advice.