When an agency makes an adjudicative decision under this part based on an OPM investigation, or when an agency, as a result of information in an OPM investigation, changes a tentative favorable placement or clearance decision to an unfavorable decision, the agency must:
- (a) Insure that the records used in making the decision are accurate, relevant, timely, and complete to the extent reasonably necessary to assure fairness to the individual in any determination.
- (b) Comply with all applicable administrative due process requirements, as provided by law, rule, or regulation.
(c) At a minimum, provide the individual concerned:
- (1) Notice of the specific reason(s) for the decision; and
- (2) An opportunity to respond; and
- (3) Notice of appeal rights, if any.
- (d) Consider all available information in reaching its final decision.
- (e) Keep any record of the agency action required by OPM as published in its issuances.
[56 FR 18654, Apr. 23, 1991, as amended at 66 FR 66711, Dec. 27, 2001]