[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR731.203]

[Page 28-29]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 731_SUITABILITY--Table of Contents
 
                  Subpart B_Suitability Determinations
 
Sec. 731.203  Actions by OPM and other agencies.

    (a) List of actions. For purposes of this part, an action is one or 
more of the following:
    (1) Cancellation of eligibility;
    (2) Denial of appointment;
    (3) Removal;
    (4) Cancellation of reinstatement eligibility;
    (5) Debarment.
    (b) An applicant's eligibility may be cancelled, an applicant may be 
denied employment, or an appointee may be removed when OPM or an agency 
exercising delegated authority under this part finds that the applicant 
or appointee is unsuitable for the reasons cited in Sec. 731.202 
subject to the agency limitations of Sec. 731.103(a).
    (c) OPM may require that an employee be removed on the basis of a 
material, intentional false statement, or deception or fraud in 
examination or appointment; or refusal to furnish testimony; or a 
statutory or regulatory bar. OPM may also cancel any reinstatement 
eligibility obtained as a result of false statement, deception or fraud 
in the examination or appointment process.
    (d) An action to remove an appointee or employee for suitability 
reasons under this part is not an action under parts 752 or 315 of this 
title. Where behavior covered by this part may also

[[Page 29]]

form the basis for a part 752 or 315 action, agencies may use part 315 
or 752, as appropriate, instead of this part.
    (e) Agencies are required to report to OPM all unfavorable 
adjudicative actions taken under this part, and all actions based on an 
OPM investigation.