[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR731.103]

[Page 23-24]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 731_SUITABILITY--Table of Contents
 
                             Subpart A_Scope
 
Sec. 731.103  Delegation to agencies.

    (a) OPM delegates to the heads of agencies limited authority for 
adjudicating suitability in cases involving applicants for and 
appointees to competitive service positions in the agency (including 
limited, agency-specific debarment authority under Sec. 731.205). OPM 
retains jurisdiction in all competitive service cases involving evidence 
of material, intentional false statement or deception or fraud in 
examination or appointment. Agencies must refer these cases to OPM for 
adjudication, or contact OPM for prior approval if the agency wants to 
take action under its own authority (5 CFR part 315 or 5 CFR part 752). 
Also, this delegation does not include cases involving refusal to 
furnish testimony as required by Sec. 5.4 of this chapter, title, or 
passover requests involving preference eligibles who are 30 percent or 
more compensably disabled which must

[[Page 24]]

be referred to OPM for adjudication, as provided under Civil Service 
Reform Act of 1978, Public Law 95-454, 92 Stat. 1111 et seq. (Codified 
as amended in scattered sections of 5 U.S.C.)
    (b) Any adjudication by an agency acting under delegated authority 
from OPM which indicates that an extended general, across agency lines, 
debarment by OPM under Sec. 731.204(a) may be an appropriate action 
should be referred to OPM for debarment consideration if not favorably 
adjudicated by the agency. Referral should be made prior to any proposed 
action, but after sufficient resolution of the suitability issue(s) 
through subject contact or investigation to determine if an extended 
general debarment period appears warranted.
    (c) Agencies exercising authority under this part by delegation from 
OPM must show by policies and records that reasonable methods are used 
to ensure adherence to regulations, standards, and quality control 
procedures established by OPM.
    (d) Before making any applicant suitability determination, the 
agency should first ensure the applicant is eligible for the position, 
among the best qualified, and/or within reach of selection. Because 
suitability issues may not be disclosed until late in the application/ 
appointment process, only the best qualified should require a 
suitability determination, with appropriate procedures followed and 
appeal rights provided, if suitability issues would form the only basis 
for elimination from further consideration.
    (e) When an agency, exercising authority under this part by 
delegation from OPM, makes an adjudicative decision under this part, or 
changes a tentative favorable placement decision to an unfavorable 
decision, based on an OPM report of investigation or upon an 
investigation conducted pursuant to OPM-delegated authority, the agency 
should:
    (1) Ensure that the records used in making the decision are 
accurate, relevant, timely, and complete to the extent reasonably 
necessary to ensure fairness to the individual in any determination;
    (2) Ensure that all applicable administrative procedural 
requirements provided by law, the regulations in this part, and OPM 
policy guidance have been observed;
    (3) Consider all available information in reaching its final 
decision, except information furnished by a non-corroborated 
confidential source. Information furnished by a non-corroborated 
confidential source can only be used for limited purposes, such as lead 
information or in interrogatories to a subject if the identity of the 
source is not compromised in any way; and
    (4) Keep any record of the agency action as required by OPM in its 
supplemental guidance.
    (f) Paragraph (a) of this section notwithstanding, OPM may exercise 
its jurisdiction under this part in any case when it, in its discretion, 
deems necessary.
    (g) Any applicant or appointee who is found unsuitable by any agency 
acting under delegated authority from OPM under this part may appeal the 
adverse suitability decision to the Merit Systems Protection Board under 
the Board's regulations.