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No; per 5 CFR 731.101(a), determinations made and actions taken under part 731 are distinct from objections to eligibles or passovers of preference eligibles, and OPM's and agencies' decisions on such requests, made under 5 U.S.C. 3318 and 5 CFR 332.406. The appeal right under 5 CFR part 731 does not extend to any other employment action that an agency takes outside of the procedures set forth in part 731.
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If a material, intentional falsification, or deception or fraud issue is
developed during an OPM investigation, we will contact the agency to
coordinate the adjudication. We may assume jurisdiction after
discussing the case with the agency. If an agency feels an OPM
investigation developed a material, intentional falsification, or
deception or fraud issue that should have been adjudicated by OPM but
was not, it may contact SAB to request a second review of the case.
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Under the provisions of 5 CFR parts 731 and 732, agencies are required to report their final adjudicative actions to OPM. Per 5 CFR 731.203(g), all actions based on an OPM investigation must be reported to OPM as soon as possible and in no event later than 90 days after receipt of the final report of investigation. The INV FORM 79A is included with closed OPM Reports of Investigation for this purpose. Agencies should follow the instructions provided on the form and return it to OPM within 90 days after receipt of the final report of investigation. In some cases, agencies will also be asked to contact OPM to coordinate adjudication. Occasionally, the agency may be contacted by SAB if OPM decides to assume jurisdiction and adjudicate the case.
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No; per 5 CFR 731.101(a), determinations made and actions taken under
part 731 are distinct from objections to eligibles or passovers of
preference eligibles, and OPM's and agencies' decisions on such
requests, made under 5 U.S.C. 3318 and 5 CFR 332.406. The appeal right
under 5 CFR part 731 does not extend to any other employment action that
an agency takes outside of the procedures set forth in part 731.
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An individual's failure to register with the Selective Service is considered an issue of eligibility for appointment, and agencies should follow the guidance provided in 5 CFR 300.701-707 when considering such individuals for appointment. Questions may be directed to the Human Capital Leadership and Merit System Accountability Division at (202) 606-2131, or you may write to:
U.S. Office of Personnel Management
Human Capital Leadership and Merit System Accountability Division
1900 E Street NW, Room 7470
Washington, DC 20415
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