42 CFR § 93.412 - Making decisions on institutional noncompliance.

---
identifier: "/us/cfr/t42/s93.412"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 93.412 - Making decisions on institutional noncompliance."
title_number: 42
title_name: "Public Health"
section_number: "93.412"
section_name: "Making decisions on institutional noncompliance."
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"
---


# 93.412 Making decisions on institutional noncompliance.

ORI may determine an institution is not compliant with this part if the institution does not implement and follow the requirements of this part and its own research integrity assurance. In making this decision, ORI may consider, but is not limited to the following factors:

(a) Failure to establish and comply with policies and procedures under this part;

(b) Failure to respond appropriately when allegations of research misconduct arise;

(c) Failure to report to ORI all investigations and findings of research misconduct under this part;

(d) Failure to cooperate with ORI's review of research misconduct proceedings; or

(e) Other actions or omissions that have a material, adverse effect on reporting and responding to allegations of research misconduct.