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 E—Opportunity To Contest ORI Findings of Research Misconduct and Proposed HHS Administrative Actions

42 C.F.R. § 93.504

Standard of review

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(a) The ALJ shall review the administrative record to determine whether the ORI research misconduct findings and proposed HHS administrative actions reflected in the charge letter are reasonable and not based on a material error of law or fact.

(b) The ALJ may permit the parties to file briefs making legal and factual arguments based on the administrative record.

Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: Uzelmeier v. United States Dep't of Health & Human Servs., 541 F. Supp. 2d 241 (D.D.C. 2008).
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Uzelmeier v. United States Dep't of Health & Human Servs., 541 F. Supp. 2d 241 (D.D.C. 2008). “]” 42 C.F.R. § 93.504 (a) (emphasis added). Conversely, the ALJ “must grant a respondent’s hearing request if the ALJ determines there is a genuine dispute over facts material to the findings of research misconduct or proposed administrative actions, including any debarment or…”
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