[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: 5CFR890.1069]

[Page 504]
 
                    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. 890.1069  Information the debarring official must consider in deciding 
a provider's contest of proposed penalties and assessments.

    (a) Documentary material and written arguments. As part of a 
provider's contest, the provider must furnish a written statement of 
reasons why the proposed penalties and assessments should not be imposed 
and/or why the amounts proposed are excessive.
    (b) Mandatory disclosures. In addition to any other information 
submitted during the contest, the provider must inform the debarring 
official in writing of:
    (1) Any existing, proposed, or prior exclusion, debarment, penalty, 
assessment, or other sanction that was imposed by a Federal, State, or 
local government agency, including any administrative agreement that 
purports to affect only a single agency; and
    (2) Any current or prior criminal or civil legal proceeding that was 
based on the same facts as the penalties and assessments proposed by 
OPM.
    (c) In-person appearance. A provider may request a personal 
appearance (in person, by telephone conference, or through a 
representative) to provide testimony and oral arguments to the debarring 
official.