---
kind: "section"
citation: "5 C.F.R. § 890.1041"
title: "5"
number: "890.1041"
heading: "Deciding a contest after a fact-finding proceeding."
url: "https://uscodex.org/cfr/5/890.1041"
---

# §890.1041. Deciding a contest after a fact-finding proceeding.

- (a) **Presiding official's findings shall be accepted.** The suspending official shall accept the presiding official's findings, unless they are arbitrary, capricious, or clearly erroneous.
- (b) **Suspending official's decision.** Within 30 days after receiving the presiding official's report, the suspending official shall issue a final written decision that either sustains, modifies, or terminates the suspension. The suspending official may extend this period for good cause.
- (c) **Effect on subsequent debarment or suspension proceedings.** A decision by the suspending official to modify or terminate a suspension shall not prevent OPM from subsequently debarring the same provider, or any other Federal agency from either suspending or debarring the provider, based on the same facts.

## Notes

### Authority

Authority: 5 U.S.C. 8902a.

### Source

Source: 68 FR 5475, Feb. 3, 2003, unless otherwise noted.

### Authority

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); 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; 25 U.S.C. 1647b. Subpart P also issued under 5 U.S.C. 8903c.

### Source

Source: 33 FR 12510, Sept. 4, 1968, unless otherwise noted.