[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: 5CFR890.1112]

[Page 511-512]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents
 
              Subpart K_Temporary Continuation of Coverage
 
Sec. 890.1112  Denial of continuation of coverage due to involuntary 
separation for gross misconduct.

    (a) Notice of denial. (1) When an employing office determines that 
the offense for which an employee is being removed constitutes gross 
misconduct for the purpose of this subpart, the employing office must 
notify the employee in writing of its intention to deny temporary 
continuation of coverage. The notice must set forth the reason for the 
denial and give the employee a reasonable amount of time to respond. The 
notice must be made no later than the date of separation.
    (2) If the employee is being removed under the authority of part 752 
of this chapter (or other law, Executive Order, or regulation that 
prescribes procedures for removing employees because of misconduct), the 
notification requirement of paragraph (a)(1) of this section may be 
combined with the notification requirement of such authority.
    (b) Employee's response. (1) The employee must be allowed a 
reasonable time for response, but not less than 7 days. The employee may 
respond orally

[[Page 512]]

or in writing and is entitled to be represented by an attorney or other 
representative.
    (2) The agency must designate an official to hear the employee's 
oral answer who has the authority either to make or recommend a final 
decision on the denial. The right to answer orally does not include the 
right to a formal hearing with examination of witnesses.
    (c) Final decision. If the employee responds to the notice of 
denial, the employing office must issue a final decision in writing that 
fully sets forth its findings and conclusions. The agency's decision is 
not subject to reconsideration by OPM.
    (d) Resignation in lieu of involuntary separation. If an employee 
resigns after receiving the employing office's notification of intent to 
separate the employee involuntarily but before the scheduled separation 
date, his or her separation is considered involuntary for the purpose of 
this subpart.