[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: 5CFR731.105]

[Page 25]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 731_SUITABILITY--Table of Contents
 
                             Subpart A_Scope
 
Sec. 731.105  Authority to take suitability actions.

    (a) OPM may take a suitability action under this part against an 
applicant or appointee based on any of the criteria of Sec. 731.202;
    (b) An agency, exercising delegated authority, may take a 
suitability action under this part against an applicant or appointee 
based on the criteria of Sec. 731.202 subject to the agency limitations 
prescribed in Sec. 731.103;
    (c) OPM may take a suitability action under this part against an 
employee only in cases involving material, intentional false statement 
or deception or fraud in examination or appointment, or refusal to 
furnish testimony as required by Sec. 5.4 of this title, or statutory 
or regulatory bar. A statement may be a material statement even if an 
agency does not rely upon it.
    (d) An agency may not take a suitability action against an employee 
under this part. Nothing in this part precludes, or is intended to 
preclude, an agency from taking an adverse action against an employee 
under the procedures and standards of part 752 of this title or 
terminating a probationary employee under the procedures of part 315 of 
this title.