§ 890.1039 Cases where additional fact-finding is required

5 CFR 890.1039(a)(a) Criteria for holding fact-finding proceeding. The debarring official shall request another OPM official (“presiding official”) to hold an additional fact-finding proceeding if:

5 CFR 890.1039(a)(1)(1) Facts material to the suspension have not been adjudicated in a prior due process proceeding; and

5 CFR 890.1039(a)(2)(2) These facts are genuinely in dispute, based on the entire administrative record available to the debarring official.

5 CFR 890.1039(b)(b) Qualification to serve as presiding official. The presiding official is designated by the OPM Director or another OPM official authorized by the Director to make such designations. The presiding official shall be a senior official who is qualified to conduct informal adjudicative proceedings and who has had no previous contact with the suspension or the contest.

5 CFR 890.1039(c)(c) Effect on contest. The suspending official shall defer a final decision on the contest pending the results of the fact-finding proceeding.