5 CFR § 890.1039 - Cases where additional fact-finding is required.
---identifier: "/us/cfr/t5/s890.1039"source: "ecfr"legal_status: "authoritative_unofficial"title: "5 CFR § 890.1039 - Cases where additional fact-finding is required."title_number: 5title_name: "Administrative Personnel"section_number: "890.1039"section_name: "Cases where additional fact-finding is required."chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"subchapter_number: "B"subchapter_name: "CIVIL SERVICE REGULATIONS"part_number: "890"part_name: "FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "5 U.S.C. 8913; Sec. 890.102 also issued under sections 11202(f), 11232(e), and 11246 (b) of Pub. L. 105-33, 111 Stat. 251; Sec. 890.111 also issued under 36 U.S.C. 5522; Sec. 890.112 also issued under 2 U.S.C. 2051; Sec. 890.113 also issued under section 1110 of Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8702 note); Sec. 890.301 also issued under 26 U.S.C. 9801; Sec. 890.302(b) also issued under 42 U.S.C. 300gg-14; Sec. 890.803 also issued under 50 U.S.C. 3516 (formerly 50 U.S.C. 403p) and 22 U.S.C. 4069c and 4069c-1; subpart L also issued under section 599C of Pub. L. 101-513, 104 Stat. 2064 (5 U.S.C. 5561 note); subpart M also issued under 10 U.S.C. 1108 and 25 U.S.C. 1647b; and subpart P issued under 5 U.S.C. 8903c."regulatory_source: "33 FR 12510, Sept. 4, 1968, unless otherwise noted."cfr_part: "890"---
Identifier
/us/cfr/t5/s890.1039
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Office of Personnel Management
Authority
5 U.S.C. 8913; Sec. 890.102 also issued under sections 11202(f), 11232(e), and 11246 (b) of Pub. L. 105-33, 111 Stat. 251; Sec. 890.111 also issued under 36 U.S.C. 5522; Sec. 890.112 also issued under... 5 U.S.C. 8913; Sec. 890.102 also issued under sections 11202(f), 11232(e), and 11246 (b) of Pub. L. 105-33, 111 Stat. 251; Sec. 890.111 also issued under 36 U.S.C. 5522; Sec. 890.112 also issued under 2 U.S.C. 2051; Sec. 890.113 also issued under section 1110 of Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8702 note); Sec. 890.301 also issued under 26 U.S.C. 9801; Sec. 890.302(b) also issued under 42 U.S.C. 300gg-14; Sec. 890.803 also issued under 50 U.S.C. 3516 (formerly 50 U.S.C. 403p) and 22 U.S.C. 4069c and 4069c-1; subpart L also issued under section 599C of Pub. L. 101-513, 104 Stat. 2064 (5 U.S.C. 5561 note); subpart M also issued under 10 U.S.C. 1108 and 25 U.S.C. 1647b; and subpart P issued under 5 U.S.C. 8903c.
# 890.1039 Cases where additional fact-finding is required.(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:(1) Facts material to the suspension have not been adjudicated in a prior due process proceeding; and(2) These facts are genuinely in dispute, based on the entire administrative record available to the debarring official.(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.(c) *Effect on contest.* The suspending official shall defer a final decision on the contest pending the results of the fact-finding proceeding.