[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: 5CFR890.1029]

[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. 890.1029  Deciding a contest after a fact-finding proceeding.

    (a) Findings shall be accepted. The debarring official shall accept 
the presiding official's findings of fact, unless they are arbitrary, 
capricious, or clearly erroneous. If the debarring official concludes 
that the factual findings are not acceptable, they may be remanded to 
the presiding official for additional proceedings in accordance with 
Sec. 890.1028.
    (b) Timeframe for final decision. The debarring official shall issue 
a final written decision on a contest within 30 days after receiving the 
presiding official's findings. The debarring official may extend this 
decision period for good cause.
    (c) Debarring official's final decision. (1) The debarring official 
shall observe the evidentiary standards and burdens of proof stated in 
Sec. 890.1024 in reaching a final decision.
    (2) In any case where a final decision is made to debar a provider, 
the debarring official has the discretion to set the period of 
debarment, subject to the factors identified in Sec. Sec. 890.1016 
through 1021.
    (3) The debarring official has the discretion to decide not to 
impose debarment in any case involving a permissive debarment authority.
    (d) No further administrative proceedings. No further administrative 
proceedings shall be conducted after the debarring official's final 
decision in a contest involving an additional fact-finding hearing. A 
provider adversely affected by the debarring official's final decision 
in a contested case may appeal under 5 U.S.C. 8902a(h)(2) to the 
appropriate U. S. district court.

                               Suspension