(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.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(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.