[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: 5CFR890.1040]

[Page 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. 890.1040  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. Specific 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 suspending official as relevant to the basis for the suspension. 
Matters that have been previously adjudicated or which are not in bona 
fide dispute within the record shall not be considered by the presiding 
official.
    (c) 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, 
question any witnesses testifying in support of the suspension, and 
challenge the accuracy of any other evidence that the agency offers as a 
basis for the suspension.
    (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 suspending official, 
on the basis of a preponderance of the evidence in the entire 
administrative record. Within 30 days after the record of the proceeding 
closes, the presiding official shall issue a written report of all 
findings of fact to the suspending official.