(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.
Notes of Decisions
Uzelmeier v. United States Dep't of Health & Human Servs., 541 F. Supp. 2d 241 (D.D.C. 2008).
· cites it 5× “On October 30, 2006, plaintiff filed a motion to dismiss HHS’s proposed debarment and a request to supplement her request for a hearing under 42 C.F.R. § 93.501 (d). See Pi’s SMF ¶¶ 48, 51.”
Brodie v. United States Dep't of Health & Human Servs., 715 F. Supp. 2d 74 (D.D.C. 2010).
“See 42 C.F.R. §§ 93.501 -.523. Once the ALJ is prepared to render a decision on the merits of the misconduct charges, he must issue a ruling in writing, which “constitutes a recommended decision to the Assistant Secretary for Health.”
Croce v. Ohio State Univ. Bd. of Trs., 2023 Ohio 2656 (Ohio Ct. Cl. 2023).
“See, 42 C.F.R. 93.501(a) (providing respondents with a procedure to contest findings of research misconduct.”
Brodie v. United States Dep't of Health & Human Servs. (D.D.C. 2010).
“See 42 C.F.R. §§ 93.501 -.523. Once the ALJ is prepared to render a decision on the merits of the misconduct charges, he must issue a ruling in writing, which “constitutes a recommended decision to the Assistant Secretary for Health.”
— 42 C.F.R. § 93.501(a) — 1 case
Croce v. Ohio State Univ. Bd. of Trs., 2023 Ohio 2656 (Ohio Ct. Cl. 2023).
“See, 42 C.F.R. 93.501(a) (providing respondents with a procedure to contest findings of research misconduct.”
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