5 C.F.R. Subpart C—OPM Suitability Action Procedures
Title 5 - Administrative Personnel
(a) Coverage. This subpart sets forth the procedures to be followed when OPM proposes to take, or instructs an agency to take, a final suitability action against an applicant, appointee or employee. (b) Definition. In this subpart, days mean calendar days. [65 FR 82243, Dec. 28, 2000; 66 FR 11100, Feb. 21, 2001] (a) OPM shall notify the applicant, appointee, or employee (hereinafter, the “respondent”) in writing of the proposed action and of the charges against the respondent (including the availability for review, upon request, of the materials relied upon). The notice shall state the specific reasons for the proposed action and that the respondent has the right to answer the notice in writing. If the respondent is an employee, the notice shall further state that the employee may also make an oral answer, as specified in §731.303(a). The notice shall further inform the respondent of the time limits for response as well as the address to which such response should be made. (b) The notice of proposed action shall be served upon the respondent by being mailed or hand delivered to the respondent's last known residence, and/or duty station, no less than 30 days prior to the effective date of the proposed action. If the respondent is employed in the competitive service on the date the notice is served, the respondent shall be entitled to be retained in a pay status during the notice period. (c) OPM shall send a copy of this notice to any employing agency that is involved. (a) Respondent's answer. A respondent may answer the charges in writing and furnish documentation and/or affidavits in support of the response. A respondent who is an employee may also answer orally. The respondent may be represented by a representative of the respondent's choice, and such representative shall be designated in writing. To be timely, a written answer shall be made no more than 30 days after the date of the notice of proposed action. In the event an employee requests to make an oral answer, the request must be made within this 30 day time frame, and OPM shall determine the time and place thereof, and shall consider any answer the respondent makes in reaching a decision. (b) Agency's answer. An employing agency may also answer the notice of proposed action. The time limit for filing an answer is 30 days from the date of the notice. OPM shall consider any answer the agency makes in reaching a decision. The decision shall be in writing, dated, and inform the respondent of the reasons for the decision. The employing agency shall remove the appointee or employee from the rolls within 5 work days of receipt of OPM's final decision. The respondent shall also be informed that an adverse decision can be appealed in accordance with subpart E of this part. OPM shall also notify the respondent's employing agency of its decision. [65 FR 82243, Dec. 28, 2000; 66 FR 11100, Feb. 21, 2001]
Title 5: Administrative Personnel
PART 731—SUITABILITY
Subpart C—OPM Suitability Action Procedures
§ 731.301 Scope.
§ 731.302 Notice of proposed action.
§ 731.303 Answer.
§ 731.304 Decision.
