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. § 93.505

Rights of the parties

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(a) The parties to the appeal are the respondent and ORI. The investigating institution is not a party to the case unless it is a respondent.

(b) Except as otherwise limited by this subpart, the parties may:

(1) Be accompanied, represented, and advised by an attorney;

(2) Participate in any case-related conference held by the ALJ; and

(3) File motions or briefs in writing before the ALJ.

(c) The parties have no right to discovery before the ALJ.

Notes of Decisions
Cited in 2 cases, 2013–2013 · leading case: Mauvis-Jarvis v. Wong
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Mauvis-Jarvis v. Wong (2013) illappct · cites it 3× “42 C.F.R. § 93.505 (2005). During such an administrative hearing, the parties are permitted to, inter alia: (1) be represented by counsel; (2) conduct discovery; (3) present relevant evidence and cross-examine witnesses; (4) agree to a stipulation of facts; (5) file motions in…”
Brodie v. Department of Health & Human Services (2013) dcd “20] at 2-4 (citing, inter alia, 42 C.F.R. § 93.505 ). This argument is waived because it was raised for the first time in Dr.”
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