42 CFR § 93.404 - Findings of research misconduct and proposed HHS administrative actions.

---
identifier: "/us/cfr/t42/s93.404"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 93.404 - Findings of research misconduct and proposed HHS administrative actions."
title_number: 42
title_name: "Public Health"
section_number: "93.404"
section_name: "Findings of research misconduct and proposed HHS administrative actions."
chapter_name: "PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "H"
subchapter_name: "HEALTH ASSESSMENTS AND HEALTH EFFECTS STUDIES OF HAZARDOUS SUBSTANCES RELEASES AND FACILITIES"
part_number: "93"
part_name: "PUBLIC HEALTH SERVICE POLICIES ON RESEARCH MISCONDUCT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 216 and 289b"
regulatory_source: "89 FR 76295, Sept. 17, 2024, unless otherwise noted."
cfr_part: "93"
---


# 93.404 Findings of research misconduct and proposed HHS administrative actions.

(a) After completing its review of the administrative record, ORI may:

(1) Close the case without a separate ORI finding of research misconduct;

(2) Make findings of research misconduct and propose and take HHS administrative actions based on the administrative record; or

(3) Seek to settle the case.

(b) The lack of an ORI finding of research misconduct does not overturn an institution's determination that the conduct constituted professional or research misconduct warranting remediation under the institution's policy.