[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR731.303]

[Page 25]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 731--SUITABILITY--Table of Contents
 
                  Subpart C--Suitability Rating Actions
 
Sec. 731.303  Actions by OPM and other agencies.

    (a) For a period of one year after the effective date of an 
appointment subject to investigation under Sec. 731.301, OPM may 
instruct an agency to remove an appointee when it finds that the 
appointee is unsuitable for any of the reasons cited in Sec. 731.202.
    (b) Thereafter, OPM may require the removal of an employee on the 
basis of either intentional false statement or deception or fraud in 
examination or appointment; or refusal to furnish testimony; or 
statutory or regulatory bar.
    (c) An action to remove an appointee or employee taken pursuant to 
an instruction by OPM is not an action under part 752, or Secs. 315.804 
through 315.806 of part 315, of this chapter.
    (d) When OPM instructs an agency to remove an appointee or employee 
under this part it shall notify the agency and the appointee or employee 
of its decision in writing.
    (e) Before OPM, or any agency having delegated authority from OPM 
under this part, shall take a final suitability action against an 
applicant, eligible, appointee, or employee under this part, the person 
against whom the action is proposed shall be given notice of the 
proposed action (including the availability for review, upon request, of 
the materials relied upon), an opportunity to answer, notice of the 
final decision on the action, and notice of rights of appeal, if any, 
all in accordance with this part.