C.F.R. » Title 42 » CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER H—HEALTH ASSESSMENTS AND HEALTH EFFECTS STUDIES OF HAZARDOUS SUBSTANCES RELEASES AND FACILITIES › PART 93—PUBLIC HEALTH SERVICE POLICIES ON RESEARCH MISCONDUCT › Subpart C—Responsibilities of Institutions

42 C.F.R. § 93.315

Institutional appeals

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(a) If a respondent appeals an institution's finding(s) of research misconduct or institutional actions, the institution must promptly notify ORI.

(b) If the institution has not transmitted its institutional record to ORI in accordance with § 93.316 prior to the appeal, the institution must wait until the appeal is concluded to transmit its institutional record. The institution must ensure that the complete record of the appeal is included in the institutional record consistent with § 93.220(a)(5).

(c) If the institution has transmitted its institutional record to ORI in accordance with § 93.316 prior to the appeal, the institution must provide ORI a complete record of the appeal once the appeal is concluded.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2013–2021 · leading case: Mauvis-Jarvis v. Wong
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Mauvis-Jarvis v. Wong (2013) illappct “42 C.F.R. § 93.315 (2005). The investigation itself must be completed “within 120 days of beginning it, including conducting the investigation, preparing the report of findings, providing the draft report for comment *** and sending the final report to ORI.”
HOUSER v. FELDMAN (2021) paed “42 C.F.R. § 93.315 . Once the ORI receives the investigation report and the accompanying materials, it conducts its own assessment of the allegations and can take appropriate administrative action.”
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