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Title 28: Judicial Administration
CHAPTER I: DEPARTMENT OF JUSTICE (CONTINUED)
PART 67: GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Subpart G: Suspension
67.735 - Under what conditions do I get an additional opportunity to challengethe facts on which the suspension is based
(a) You as a respondent will not have an additional opportunity to challengethe 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 tocontest the facts was provided;
(2) Your presentation in opposition contains only general denials toinformation contained in the Notice of Suspension;
(3) The issues raised in your presentation in opposition to the suspensionare not factual in nature, or are not material to the suspending official'sinitial decision to suspend, or the official's decision whether to continue thesuspension; or
(4) On the basis of advice from the Department of Justice, an office of theUnited States Attorney, a State attorney general's office, or a State or localprosecutor's office, that substantial interests of the government in pending orcontemplated legal proceedings based on the same facts as the suspension wouldbe prejudiced by conducting fact-finding.
(b) You will have an opportunity to challenge the facts if the suspendingofficial determines that?
(1) The conditions in paragraph (a) of this section do not exist; and
(2) Your presentation in opposition raises a genuine dispute over factsmaterial to the suspension.
(c) If you have an opportunity to challenge disputed material facts underthis section, the suspending official or designee must conduct additionalproceedings to resolve those facts.
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