StacksVerified U.S. regulatory reference

5 CFR §890.1025

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
In each contest, the debarring official shall determine whether a further fact-finding proceeding is required in addition to presentation of arguments, documents, and information. An additional fact-finding proceeding is not required when:
  1. (a)Prior adjudication. The proposed debarment is based on facts determined in a prior due process adjudication. Examples of prior due process proceedings include, but are not limited to, the adjudication procedures associated with:
    1. (1)Licensure revocation, suspension, restriction, or nonrenewal by a State licensing authority;
    2. (2)Debarment, exclusion, suspension, civil monetary penalties, or similar legal or administrative adjudications by Federal, State, or local agencies;
    3. (3)A criminal conviction or civil judgment; or
    4. (4)An action by a provider that constitutes a waiver of his right to a due process adjudication, such as surrender of professional license during the pendency of a disciplinary hearing, entering a guilty plea or confession of judgment in a judicial proceeding, or signing a settlement agreement stipulating facts that constitute a sanctionable violation.
  2. (b)Material facts not in dispute. The provider's contest does not identify a bona fide dispute concerning facts material to the basis for the proposed debarment.