[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: 5CFR890.1041]

[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. 890.1041  Deciding a contest after a fact-finding proceeding.

    (a) Presiding official's findings shall be accepted. The suspending 
official shall accept the presiding official's findings, unless they are 
arbitrary, capricious, or clearly erroneous.
    (b) Suspending official's decision. Within 30 days after receiving 
the presiding official's report, the suspending official shall issue a 
final written decision that either sustains, modifies, or terminates the 
suspension. The suspending official may extend this period for good 
cause.
    (c) Effect on subsequent debarment or suspension proceedings. A 
decision by the suspending official to modify or terminate a suspension 
shall not prevent OPM from subsequently debarring the same provider, or 
any other Federal agency from either suspending or debarring the 
provider, based on the same facts.

                           Effect of Debarment