[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: 5CFR890.1070] [Page 504-505] 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. 890.1070 Deciding contests of proposed penalties and assessments. (a) Debarring official reviews entire administrative record. After the provider submits the information and evidence authorized or required by Sec. 890.1069, the debarring official shall review the entire official record to determine if the contest can be decided without additional administrative proceedings, or if an evidentiary hearing is required to resolve disputed material facts. (b) Previously determined facts. Any facts relating to the basis for the proposed penalties and assessments that were determined in prior due process proceedings are binding on the debarring official in deciding the contest. ``Prior due process proceedings'' are those set forth in Sec. 890.1025(a)(1) through (4). (c) Deciding the contest without further proceedings. To decide the contest without further administrative proceedings, the debarring official must determine that: (1) The preponderance of the evidence in the administrative record as a whole demonstrates that the provider committed a sanctionable violation described in Sec. 890.1061; and (2) The evidentiary record contains no bona fide dispute of any fact material to the proposed financial sanction. A ``material fact'' is a fact essential to determining whether a provider committed a sanctionable violation for [[Page 505]] which penalties and assessments may be imposed. (d) Final decision without further proceedings. If the debarring official determines that paragraphs (c)(1) and (c)(2) of this section both apply, a final decision may be issued, imposing financial sanctions in amounts not exceeding those proposed in the notice to the provider described in Sec. 890.1066. (e) Insufficient evidence. If the debarring official determines that a preponderance of the evidence does not demonstrate that the provider committed a sanctionable violation described in Sec. 890.1061, the notice of proposed sanctions described in Sec. 890.1066 must be withdrawn. (f) Disputed material facts. If the debarring official determines that the administrative record contains a bona fide dispute about any fact material to the proposed sanction, he must refer the case for a fact-finding hearing to resolve the disputed fact or facts. The provisions of Sec. 890.1027(b) and (c), 890.1028, and 890.1029(a) and (b) will govern such a hearing. (g) Final decision after fact-finding hearing. After receiving the report of the fact-finding hearing, the debarring official must apply the provisions of paragraphs (c), (d), and (e) of this section to reach a final decision on the provider's contest.