Current through October 31, 2024
Section 93.501 - [Effective 1/1/2025] Notice of appeal(a)Time to file. A respondent may contest ORI's findings of research misconduct and/or proposed HHS administrative actions by filing a notice of appeal within 30 days of receipt of the charge letter provided under § 93.405 .(b)Form of a notice of appeal. The respondent's notice of appeal must be: (2) Signed by the respondent or by the respondent's attorney; and(3) Submitted to the DAB Chair through the DAB electronic filing system, with a copy sent to ORI by certified mail, electronic mail, or other equivalent (i.e., with a verified method of delivery).(c)Contents of a notice of appeal. The notice of appeal must: (1) Admit or deny each ORI finding of research misconduct and each factual assertion made in support of each finding;(2) Accept or challenge each proposed HHS administrative action;(3) Provide detailed, substantive reasons for each denial or challenge with references to the administrative record;(4) Identify any legal issues or defenses that the respondent intends to raise during the proceeding, with references to the administrative record; and(5) Identify any mitigating factors in the administrative record.