---
kind: "section"
citation: "42 C.F.R. § 93.501"
title: "42"
number: "93.501"
heading: "Notice of appeal."
url: "https://uscodex.org/cfr/42/93.501"
---

# §93.501. 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](/cfr/42/93.405.md).
- (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.**

## Notes

### Authority

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

### Source

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