Code of Federal Regulations · Section
§ 890.1041 — Deciding A Contest After A Fact-finding Proceeding
5 C.F.R. § 890.1041
(a) Presiding official's findings shall be accepted. The suspending official shall accept the presiding official's findings, unless they are arbitrary, capricious, or clearly erroneous.
(b) Suspending official's decision. Within 30 days after receiving the presiding official's report, the suspending official shall issue a final written decision that either sustains, modifies, or terminates the suspension. The suspending official may extend this period for good cause.
(c) Effect on subsequent debarment or suspension proceedings. A decision by the suspending official to modify or terminate a suspension shall not prevent OPM from subsequently debarring the same provider, or any other Federal agency from either suspending or debarring the provider, based on the same facts.
Authorizing Statute
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Debarment and other sanctions5 U.S.C. § 8902a
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Definitions5 U.S.C. § 5561
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Regulations5 U.S.C. § 8913
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Postal Service Health Benefits Program5 U.S.C. § 8903c
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Continued benefits for certain Senate Restaurants employees2 U.S.C. § 2051
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Automatic coverage5 U.S.C. § 8702
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Access to Federal insurance25 U.S.C. § 1647b
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Transferred50 U.S.C. § 403p
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Health benefits for certain former spouses22 U.S.C. § 4069c