42 C.F.R. § 93.501

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:
(1) In writing;
(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.

42 C.F.R. §93.501

89 FR 76295 , 1/1/2025