§93.501. Notice of appeal.
42 C.F.R. § 93.501
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.
Form of a notice of appeal. The respondent's notice of appeal must be:
In writing;
Signed by the respondent or by the respondent's attorney; and
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).
Contents of a notice of appeal. The notice of appeal must:
Admit or deny each ORI finding of research misconduct and each factual assertion made in support of each finding;
Accept or challenge each proposed HHS administrative action;
Provide detailed, substantive reasons for each denial or challenge with references to the administrative record;
Identify any legal issues or defenses that the respondent intends to raise during the proceeding, with references to the administrative record; and
Identify any mitigating factors in the administrative record.
Notes, amendments, and revision history
Authority
Authority: 42 U.S.C. 216 and 289b
Source
Source: 89 FR 76295, Sept. 17, 2024, unless otherwise noted.