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Electronic Code of Federal Regulations

blue pill

e-CFR Data is current as of September 16, 2014

Title 42Chapter ISubchapter HPart 93


TITLE 42—Public Health

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

rule
§93.25
Organization of this part.
§93.50
Special terms.

Subpart A—GENERAL

§93.100
General policy.
§93.101
Purpose.
§93.102
Applicability.
§93.103
Research misconduct.
§93.104
Requirements for findings of research misconduct.
§93.105
Time limitations.
§93.106
Evidentiary standards.
§93.107
Rule of interpretation.
§93.108
Confidentiality.
§93.109
Coordination with other agencies.
rule

Subpart B—DEFINITIONS

§93.200
Administrative action.
§93.201
Allegation.
§93.202
Charge letter.
§93.203
Complainant.
§93.204
Contract.
§93.205
Debarment or suspension.
§93.206
Debarring official.
§93.207
Departmental Appeals Board or DAB.
§93.208
Evidence.
§93.209
Funding component.
§93.210
Good faith.
§93.211
Hearing.
§93.212
Inquiry.
§93.213
Institution.
§93.214
Institutional member.
§93.215
Investigation.
§93.216
Notice.
§93.217
Office of Research Integrity or ORI.
§93.218
Person.
§93.219
Preponderance of the evidence.
§93.220
Public Health Service or PHS.
§93.221
PHS support.
§93.222
Research.
§93.223
Research misconduct proceeding.
§93.224
Research record.
§93.225
Respondent.
§93.226
Retaliation.
§93.227
Secretary or HHS.
rule

Subpart C—RESPONSIBILITIES OF INSTITUTIONS

Compliance and Assurances

§93.300
General responsibilities for compliance.
§93.301
Institutional assurances.
§93.302
Institutional compliance with assurances.
§93.303
Assurances for small institutions.
§93.304
Institutional policies and procedures.
§93.305
Responsibility for maintenance and custody of research records and evidence.
§93.306
Using a consortium or other person for research misconduct proceedings.

The Institutional Inquiry

§93.307
Institutional inquiry.
§93.308
Notice of the results of the inquiry.
§93.309
Reporting to ORI on the decision to initiate an investigation.

The Institutional Investigation

§93.310
Institutional investigation.
§93.311
Investigation time limits.
§93.312
Opportunity to comment on the investigation report.
§93.313
Institutional investigation report.
§93.314
Institutional appeals.
§93.315
Notice to ORI of institutional findings and actions.
§93.316
Completing the research misconduct process.

Other Institutional Responsibilities

§93.317
Retention and custody of the research misconduct proceeding record.
§93.318
Notifying ORI of special circumstances.
§93.319
Institutional standards.
rule

Subpart D—RESPONSIBILITIES OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

General Information

§93.400
General statement of ORI authority.
§93.401
Interaction with other offices and interim actions.

Research Misconduct Issues

§93.402
ORI allegation assessments.
§93.403
ORI review of research misconduct proceedings.
§93.404
Findings of research misconduct and proposed administrative actions.
§93.405
Notifying the respondent of findings of research misconduct and HHS administrative actions.
§93.406
Final HHS actions.
§93.407
HHS administrative actions.
§93.408
Mitigating and aggravating factors in HHS administrative actions.
§93.409
Settlement of research misconduct proceedings.
§93.410
Final HHS action with no settlement or finding of research misconduct.
§93.411
Final HHS action with settlement or finding of research misconduct.

Institutional Compliance Issues

§93.412
Making decisions on institutional noncompliance.
§93.413
HHS compliance actions.

Disclosure of Information

§93.414
Notice.
rule

Subpart E—OPPORTUNITY TO CONTEST ORI FINDINGS OF RESEARCH MISCONDUCT AND HHS ADMINISTRATIVE ACTIONS

General Information

§93.500
General policy.
§93.501
Opportunity to contest findings of research misconduct and administrative actions.

Hearing Process

§93.502
Appointment of the Administrative Law Judge and scientific expert.
§93.503
Grounds for granting a hearing request.
§93.504
Grounds for dismissal of a hearing request.
§93.505
Rights of the parties.
§93.506
Authority of the Administrative Law Judge.
§93.507
Ex parte communications.
§93.508
Filing, forms, and service.
§93.509
Computation of time.
§93.510
Filing motions.
§93.511
Prehearing conferences.
§93.512
Discovery.
§93.513
Submission of witness lists, witness statements, and exhibits.
§93.514
Amendment to the charge letter.
§93.515
Actions for violating an order or for disruptive conduct.
§93.516
Standard and burden of proof.
§93.517
The hearing.
§93.518
Witnesses.
§93.519
Admissibility of evidence.
§93.520
The record.
§93.521
Correction of the transcript.
§93.522
Filing post-hearing briefs.
§93.523
The Administrative Law Judge's ruling.


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