[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: 5CFR890.1025]

[Page 492]
 
                    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. 890.1025  Cases where additional fact-finding is not required.

    In each contest, the debarring official shall determine whether a 
further fact-finding proceeding is required in addition to presentation 
of arguments, documents, and information. An additional fact-finding 
proceeding is not required when:
    (a) Prior adjudication. The proposed debarment is based on facts 
determined in a prior due process adjudication. Examples of prior due 
process proceedings include, but are not limited to, the adjudication 
procedures associated with:
    (1) Licensure revocation, suspension, restriction, or nonrenewal by 
a State licensing authority;
    (2) Debarment, exclusion, suspension, civil monetary penalties, or 
similar legal or administrative adjudications by Federal, State, or 
local agencies;
    (3) A criminal conviction or civil judgment; or
    (4) An action by a provider that constitutes a waiver of his right 
to a due process adjudication, such as surrender of professional license 
during the pendency of a disciplinary hearing, entering a guilty plea or 
confession of judgment in a judicial proceeding, or signing a settlement 
agreement stipulating facts that constitute a sanctionable violation.
    (b) Material facts not in dispute. The provider's contest does not 
identify a bona fide dispute concerning facts material to the basis for 
the proposed debarment.