[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR890.1028]

[Page 493]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents
 
Subpart J_Administrative Sanctions Imposed Against Health Care Providers
 
Sec. 890.1028  Conducting a fact-finding proceeding.

    (a) Informal proceeding. The presiding official may conduct the 
fact-finding proceedings as informally as practicable, consistent with 
principles of fundamental fairness. Formal rules of evidence or 
procedure do not apply to these proceedings.
    (b) Proceeding limited to disputed material facts. The presiding 
official shall consider only the genuinely disputed facts identified by 
the debarring official as material to the basis for the debarment. 
Matters that have been previously adjudicated or that are not in bona 
fide dispute within the administrative record shall not be considered by 
presiding official.
    (c) Provider's right to present information, evidence, and 
arguments. A provider may appear before the presiding official with 
counsel, submit oral and written arguments and documentary evidence, 
present witnesses on his own behalf, question any witnesses testifying 
in support of the debarment, and challenge the accuracy of any other 
evidence that the agency offers as a basis for the debarment.
    (d) Record of proceedings. The presiding official shall make an 
audio recording of the proceedings and shall provide a copy to the 
provider at no charge. If the provider wishes to have a transcribed 
record, OPM shall arrange for production of one which may be purchased 
at cost.
    (e) Presiding official's findings. The presiding official shall 
resolve all of the disputed facts identified by the debarring official, 
on the basis of a preponderance of the evidence contained within the 
entire administrative record. The presiding official shall issue a 
written report of all findings of fact to the debarring official within 
30 days after the record of the fact-finding proceeding closes.