---
kind: "range"
citation: "5 C.F.R. §§ 890.1017–890.1021"
title: "5"
from: "890.1017"
to: "890.1021"
count: 5
url: "https://uscodex.org/cfr/5/890.1017..890.1021"
---

# §890.1017. Determining length of debarment based on revocation or suspension of a provider's professional licensure.

- (a) **Indefinite term of debarment.** Subject to the exceptions set forth in [paragraph (b)](#b) of this section, debarment under [5 U.S.C. 8902a(c)(1)](/usc/5/8902a.md?p=c-1) shall be for an indefinite period coinciding with the period during which the provider's license is revoked, suspended, restricted, surrendered, or otherwise not in effect in the State whose action formed the basis for OPM's debarment.
- (b) **Aggravating circumstances.** If any of the aggravating circumstances set forth in [§ 890.1016](/cfr/5/890.1016.md) apply, OPM may debar the provider for an additional period beyond the duration of the licensure revocation or suspension.

# §890.1018. Determining length of debarment for an entity owned or controlled by a sanctioned provider.


OPM shall determine the length of debarments of entities under [5 U.S.C. 8902a(c)(2)](/usc/5/8902a.md?p=c-2) based on the type of violation committed by the person with an ownership or control interest. The types of violations actionable under this provision are:

- (a) **Owner/controller's debarment.** The debarment of an entity based on debarment of an individual with an ownership or control interest shall be for a period concurrent with the individual's debarment. If any aggravating or mitigating circumstances set forth in [§ 890.1016](/cfr/5/890.1016.md) apply solely to the entity and were not considered in setting the period of the individual's debarment, OPM may debar the entity for a period longer or shorter than the individual's debarment.
- (b) **Owner/controller's conviction.** The debarment of an entity based on the criminal conviction of a person with an ownership or control interest for an offense listed in [5 U.S.C. 8902a(b)(1)-(4)](/usc/5/8902a.md?p=b-1..b-4) shall be for a period of not less than 3 years, subject to adjustment for any aggravating or mitigating circumstances set forth in [§ 890.1016](/cfr/5/890.1016.md) applying solely to the entity.
- (c) **Owner/controller's civil monetary penalty.** The debarment of an entity based on a civil monetary penalty imposed on a person with an ownership or control interest, shall be for a period of not less than 3 years, subject to adjustment for any aggravating or mitigating circumstances set forth in [§ 890.1016](/cfr/5/890.1016.md) applying solely to the entity.

# §890.1019. Determining length of debarment based on ownership or control of a sanctioned entity.


OPM shall determine the length of debarments of individual providers under [5 U.S.C. 8902a(c)(3)](/usc/5/8902a.md?p=c-3) based on the type of violation committed by the sanctioned entity owned or controlled by the person with an ownership or control interest. The types of violations actionable under this provision are:

- (a) **Entity's debarment.** If a provider's debarment is based on his ownership or control of a debarred entity, the debarment shall be concurrent with the entity's debarment. If any of the aggravating or mitigating circumstances identified in [§ 890.1016](/cfr/5/890.1016.md) applies directly to the provider that owns or controls the debarred entity and was not considered in setting the period of the entity's debarment, OPM may debar the provider for a period longer or shorter, respectively, than the entity's debarment.
- (b) **Entity's conviction.** If a provider's debarment is based on the criminal conviction of an entity he owns or controls for an offense listed in [5 U.S.C. 8902a(b)(1)-(4)](/usc/5/8902a.md?p=b-1..b-4), OPM shall debar the provider for a period of no less than 3 years, subject to adjustment for any aggravating or mitigating circumstances identified in [§ 890.1016](/cfr/5/890.1016.md) that apply to the provider as an individual.
- (c) **Entity's civil monetary penalty.** If a provider's debarment is based on a civil monetary penalty imposed on an entity he owns or controls, OPM shall debar him for 3 years, subject to adjustment on the basis of the aggravating and mitigating circumstances listed in [§ 890.1016](/cfr/5/890.1016.md) that apply to the provider as an individual.

# §890.1020. Determining length of debarment based on false, wrongful, or deceptive claims.


Debarments under 5 U.S.C. [8902a(c)(4)](/usc/5/8902a.md?p=c-4) and [(5)](/usc/5/8902a.md?p=c-5) and [5](/usc/5/5.md) U.S.C. 8902a(d)(1) and (2) shall be for a period of 3 years, subject to adjustment based on the aggravating and mitigating factors listed in [§ 890.1016](/cfr/5/890.1016.md).


# §890.1021. Determining length of debarment based on failure to furnish information needed to resolve claims.


Debarments under [5 U.S.C. 8902a(d)(3)](/usc/5/8902a.md?p=d-3) shall be for a period of 3 years, subject to adjustment based on the aggravating and mitigating factors listed in [§ 890.1016](/cfr/5/890.1016.md).