42 CFR § 93.501 - Notice of appeal.

---
identifier: "/us/cfr/t42/s93.501"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 93.501 - Notice of appeal."
title_number: 42
title_name: "Public Health"
section_number: "93.501"
section_name: "Notice of appeal."
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: "2026-04-05"
last_updated: "2026-04-05"
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"
---


# 93.501 Notice of appeal.

(a) *Time to file.* A respondent may contest ORI's findings of research misconduct and/or proposed HHS administrative actions by filing a notice of appeal within 30 days of receipt of the charge letter provided under § 93.405.

(b) *Form of a notice of appeal.* The respondent's notice of appeal must be:

(1) In writing;

(2) Signed by the respondent or by the respondent's attorney; and

(3) Submitted to the DAB Chair through the DAB electronic filing system, with a copy sent to ORI by certified mail, electronic mail, or other equivalent (*i.e.,* with a verified method of delivery).

(c) *Contents of a notice of appeal.* The notice of appeal must:

(1) Admit or deny each ORI finding of research misconduct and each factual assertion made in support of each finding;

(2) Accept or challenge each proposed HHS administrative action;

(3) Provide detailed, substantive reasons for each denial or challenge with references to the administrative record;

(4) Identify any legal issues or defenses that the respondent intends to raise during the proceeding, with references to the administrative record; and

(5) Identify any mitigating factors in the administrative record.