5 C.F.R. Subpart C—Due Process and Reporting
Title 5 - Administrative Personnel
When an agency makes an adjudicative decision under this part based on an OPM investigation, or when an agency, as a result of information in an OPM investigation, changes a tentative favorable placement or clearance decision to an unfavorable decision, the agency must: (a) Insure that the records used in making the decision are accurate, relevant, timely, and complete to the extent reasonably necessary to assure fairness to the individual in any determination. (b) Comply with all applicable administrative due process requirements, as provided by law, rule, or regulation. (c) At a minimum, provide the individual concerned: (1) Notice of the specific reason(s) for the decision; and (2) An opportunity to respond; and (3) Notice of appeal rights, if any. (d) Consider all available information in reaching its final decision. (e) Keep any record of the agency action required by OPM as published in its issuances. [56 FR 18654, Apr. 23, 1991, as amended at 66 FR 66711, Dec. 27, 2001] (a) In accordance with section 9(a) of E.O. 10450, each agency conducting an investigation under E.O. 10450 is required to notify OPM when the investigation is initiated. (b) In accordance with section 14(c) of E.O. 10450, agencies shall report to OPM the action taken with respect to individuals investigated pursuant to E.O. 10450 as soon as possible and in no event later than 90 days after receipt of the final report of investigation.
Title 5: Administrative Personnel
PART 732—NATIONAL SECURITY POSITIONS
Subpart C—Due Process and Reporting
§ 732.301 Due process.
§ 732.302 Reporting to OPM.
