[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: 5CFR890.1039]

[Page 495-496]
 
                    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. 890.1039  Cases where additional fact-finding is required.

    (a) Criteria for holding fact-finding proceeding. The debarring 
official shall request another OPM official (``presiding official'') to 
hold an additional fact-finding proceeding if:

[[Page 496]]

    (1) Facts material to the suspension have not been adjudicated in a 
prior due process proceeding; and
    (2) These facts are genuinely in dispute, based on the entire 
administrative record available to the debarring official.
    (b) Qualification to serve as presiding official. The presiding 
official is designated by the OPM Director or another OPM official 
authorized by the Director to make such designations. The presiding 
official shall be a senior official who is qualified to conduct informal 
adjudicative proceedings and who has had no previous contact with the 
suspension or the contest.
    (c) Effect on contest. The suspending official shall defer a final 
decision on the contest pending the results of the fact-finding 
proceeding.