Title 42, Part 93 — Public Health Service Policies on Research Misconduct

Organization of this part.

Special terms.

Application of effective date to research misconduct proceedings.

General policy.

Purpose.

Applicability.

Requirements for findings of research misconduct.

Time limitations.

Evidentiary standards.

Confidentiality.

Coordination with other agencies.

Accepted practices of the relevant research community.

Administrative action.

Administrative record.

Allegation.

Assessment.

Charge letter.

Complainant.

Contract.

Day.

Departmental Appeals Board or DAB.

Evidence.

Fabrication.

Falsification.

Funding component.

Good faith.

Inquiry.

Institution.

Institutional Certifying Official.

Institutional Deciding Official.

Institutional member.

Institutional record.

Intentionally.

Investigation.

Knowingly.

Notice.

Office of Research Integrity or ORI.

Person.

Plagiarism.

Preponderance of the evidence.

Public Health Service or PHS.

PHS support.

Recklessly.

Research.

Research Integrity Officer or RIO.

Research misconduct.

Research misconduct proceeding.

Research record.

Respondent.

Retaliation.

Secretary or HHS.

Small institution.

Suspension and Debarment Official or SDO.

General responsibilities for compliance.

Research integrity assurances.

Maintaining active research integrity assurances.

Research integrity assurances for small institutions.

Institutional policies and procedures.

General conduct of research misconduct proceedings.

Institutional assessment.

Institutional inquiry.

Notice of the results of the inquiry.

Reporting to ORI on the decision to initiate an investigation.

Institutional investigation.

Investigation time limits.

Opportunity to comment on the draft investigation report.

Investigation report.

Decision by the Institutional Deciding Official.

Institutional appeals.

Transmittal of the institutional record to ORI.

Completing the research misconduct process.

Retention and custody of the institutional record and all sequestered evidence.

Institutional standards of conduct.

General statement of ORI authority.

Interaction with other entities and interim actions.

ORI allegation assessments.

ORI review of research misconduct proceedings.

Findings of research misconduct and proposed HHS administrative actions.

Notifying the respondent of findings of research misconduct and proposed HHS administrative actions.

Final HHS actions.

HHS administrative actions.

Mitigating and aggravating factors in HHS administrative actions.

Settlement of research misconduct proceedings.

Final HHS action with no settlement or finding of research misconduct.

Final HHS action with a settlement or finding of research misconduct.

Making decisions on institutional noncompliance.

ORI compliance actions.

Notice.

General policy.

Notice of appeal.

Appointment of the Administrative Law Judge.

Filing of the administrative record.

Standard of review.

Rights of the parties.

Authority of the Administrative Law Judge.

Ex parte communications.

Filing, format, and service.

Filing motions.

Conferences.

The Administrative Law Judge's ruling.