---
kind: "section"
citation: "5 C.F.R. § 732.301"
title: "5"
number: "732.301"
heading: "Due process."
url: "https://uscodex.org/cfr/5/732.301"
---

# §732.301. Due process.


When an agency makes an adjudicative decision under this part based on an OPM investigation, or when an agency, as a result of information in an OPM investigation, changes a tentative favorable placement or clearance decision to an unfavorable decision, the agency must:

- (a) Insure that the records used in making the decision are accurate, relevant, timely, and complete to the extent reasonably necessary to assure fairness to the individual in any determination.
- (b) Comply with all applicable administrative due process requirements, as provided by law, rule, or regulation.
- (c) **At a minimum, provide the individual concerned—**
  - (1) Notice of the specific reason(s) for the decision; and
  - (2) An opportunity to respond; and
  - (3) **Notice of appeal rights, if any.**
- (d) **Consider all available information in reaching its final decision.**
- (e) **Keep any record of the agency action required by OPM as published in its issuances.**

## Notes

### Amendments

[56 FR 18654, Apr. 23, 1991, as amended at 66 FR 66711, Dec. 27, 2001]

### Authority

Authority: 5 U.S.C. 3301, 3302, 7312; 50 U.S.C. 403; E.O. 10450, 3 CFR, 1949-1953 Comp., p. 936.

### Source

Source: 56 FR 18654, Apr. 23, 1991, unless otherwise noted.

### Amendments

[56 FR 18654, Apr. 23, 1991, as amended at 66 FR 66711, Dec. 27, 2001]