[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: 5CFR731.202]

[Page 26]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 731_SUITABILITY--Table of Contents
 
                  Subpart B_Suitability Determinations
 
Sec. 731.202  Criteria.

    (a) General. In determining whether its action will protect the 
integrity or promote the efficiency of the service, OPM, or an agency to 
which OPM has delegated authority, shall make its determination on the 
basis of the specific factors in paragraph (b) of this section, with 
appropriate consideration given to the additional considerations 
outlined in paragraph (c) of this section.
    (b) Specific factors. When making a determination under paragraph 
(a) of this section, the following may be considered a basis for finding 
an individual unsuitable:
    (1) Misconduct or negligence in employment;
    (2) Criminal or dishonest conduct;
    (3) Material, intentional false statement or deception or fraud in 
examination or appointment;
    (4) Refusal to furnish testimony as required by Sec. 5.4 of this 
title;
    (5) Alcohol abuse of a nature and duration which suggests that the 
applicant or appointee would be prevented from performing the duties of 
the position in question, or would constitute a direct threat to the 
property or safety of others;
    (6) Illegal use of narcotics, drugs, or other controlled substances, 
without evidence of substantial rehabilitation;
    (7) Knowing and willful engagement in acts or activities designed to 
overthrow the U.S. Government by force;
    (8) Any statutory or regulatory bar which prevents the lawful 
employment of the person involved in the position in question.
    (c) Additional considerations. In making a determination under 
paragraphs (a) and (b) of this section, OPM and agencies shall consider 
the following additional considerations to the extent they deem them 
pertinent to the individual case:
    (1) The nature of the position for which the person is applying or 
in which the person is employed;
    (2) The nature and seriousness of the conduct;
    (3) The circumstances surrounding the conduct;
    (4) The recency of the conduct;
    (5) The age of the person involved at the time of the conduct;
    (6) Contributing societal conditions; and
    (7) The absence or presence of rehabilitation or efforts toward 
rehabilitation.