§ 919.735 Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?

5 CFR 919.735(a)(a) You as a respondent will not have an additional opportunity to challenge the facts if the suspending official determines that—

5 CFR 919.735(a)(1)(1) Your suspension is based upon an indictment, conviction, civil judgment, or other finding by a Federal, State, or local body for which an opportunity to contest the facts was provided;

5 CFR 919.735(a)(2)(2) Your presentation in opposition contains only general denials to information contained in the Notice of Suspension;

5 CFR 919.735(a)(3)(3) The issues raised in your presentation in opposition to the suspension are not factual in nature, or are not material to the suspending official's initial decision to suspend, or the official's decision whether to continue the suspension; or

5 CFR 919.735(a)(4)(4) On the basis of advice from the Department of Justice, an office of the United States Attorney, a State attorney general's office, or a State or local prosecutor's office, that substantial interests of the government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced by conducting fact-finding.

5 CFR 919.735(b)(b) You will have an opportunity to challenge the facts if the suspending official determines that—

5 CFR 919.735(b)(1)(1) The conditions in paragraph (a) of this section do not exist; and

5 CFR 919.735(b)(2)(2) Your presentation in opposition raises a genuine dispute over facts material to the suspension.

5 CFR 919.735(c)(c) If you have an opportunity to challenge disputed material facts under this section, the suspending official or designee must conduct additional proceedings to resolve those facts.