---
kind: "section"
citation: "42 C.F.R. § 93.500"
title: "42"
number: "93.500"
heading: "General policy."
url: "https://uscodex.org/cfr/42/93.500"
---

# §93.500. General policy.

- (a) This subpart provides a respondent an opportunity to contest ORI findings of research misconduct and/or proposed HHS administrative actions included in a charge letter.
- (b) A respondent may contest ORI's research misconduct findings and proposed HHS administrative actions by filing a notice of appeal with an Administrative Law Judge (ALJ) at the DAB.
- (c) Based on the administrative record, the ALJ shall rule on whether ORI's research misconduct findings and any proposed HHS administrative actions are reasonable and not based on a material error of law or fact. The ALJ's ruling constitutes a recommended decision to the Assistant Secretary for Health (ASH) in accordance with [§ 93.511(b)](/cfr/42/93.511.md?p=b).
- (d) A respondent must exhaust all available administrative remedies under this subpart before seeking judicial review of ORI's findings and/or HHS administrative actions. The contested findings and/or administrative actions shall be inoperative while the respondent is pursuing administrative remedies under this subpart.

## Notes

### Authority

Authority: 42 U.S.C. 216 and 289b

### Source

Source: 89 FR 76295, Sept. 17, 2024, unless otherwise noted.