§ 85.750 - What does the suspending official consider in deciding whether to continue or terminate my suspension?  


Latest version.
  • (a) The suspending official bases the decision on all information contained in the official record. The record includes—

    (1) All information in support of the suspending official's initial decision to suspend you;

    (2) Any further information and argument presented in support of, or opposition to, the suspension; and

    (3) Any transcribed record of fact-finding proceedings.

    (b) The suspending official may refer disputed material facts to another official for findings of fact. The suspending official may reject any resulting findings, in whole or in part, only after specifically determining them to be arbitrary, capricious, or clearly erroneous.

    (Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O 12689 (3 CFR, 1989 Comp., p. 235); 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103–355, 108 Stat. 3243 at 3327)