5 CFR 890.1039 - Cases where additional fact-finding is required.
(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.