19.735—Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
(a)
You as a respondent will not have an
additional opportunity to challenge the facts if
the suspending official determines that—
(1)
Your suspension is based upon an
indictment, conviction, civil judgment, or other
finding by a Federal, State, or local body for
which an opportunity to contest the facts was
provided;
(2)
Your presentation in opposition contains
only general denials to information contained in
the Notice of Suspension;
(3)
The issues raised in your presentation in
opposition to the suspension are not factual in
nature, or are not material to the suspending
official's initial decision to suspend, or the
official's decision whether to continue the
suspension; or
(4)
On the basis of advice from the Department
of Justice, an office of the United States
Attorney, a State attorney general's office, or a
State or local prosecutor's office, that
substantial interests of the government in pending
or contemplated legal proceedings based on the
same facts as the suspension would be prejudiced
by conducting fact-finding.
(c)
If you have an opportunity to challenge
disputed material facts under this section, the
suspending official or designee must conduct
additional proceedings to resolve those facts.