Under what conditions do I get an
additional opportunity to challenge the facts on
which the suspension is based?
(a) You as a respondent will not have an
additional opportunity to challenge the facts if
the suspending official determines that—
(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
(2) Your presentation in opposition contains
only general denials to information contained in
the Notice of Suspension;
(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
(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.
(b) You will have an opportunity to challenge
the facts if the suspending official determines
(1) The conditions in paragraph (a) of this
section do not exist; and
(2) Your presentation in opposition raises a
genuine dispute over facts material to the
(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.
Title 31 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.