[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR732.301]

[Page 30]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 732--NATIONAL SECURITY POSITIONS--Table of Contents
 
                  Subpart C--Due Process and Reporting
 
Sec. 732.301  Due process.


    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]