e-CFR data is current as of February 26, 2021
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
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| Organization of this part. |
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Subpart A—GENERAL
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| Requirements for findings of research misconduct. |
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| Coordination with other agencies. |
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Subpart B—DEFINITIONS
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| Departmental Appeals Board or DAB. |
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| Office of Research Integrity or ORI. |
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| Preponderance of the evidence. |
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| Public Health Service or PHS. |
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| Research misconduct proceeding. |
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Subpart C—RESPONSIBILITIES OF INSTITUTIONS
Compliance and Assurances
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| General responsibilities for compliance. |
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| Institutional assurances. |
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| Institutional compliance with assurances. |
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| Assurances for small institutions. |
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| Institutional policies and procedures. |
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| Responsibility for maintenance and custody of research records and evidence. |
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| Using a consortium or other person for research misconduct proceedings. |
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The Institutional Inquiry
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| Notice of the results of the inquiry. |
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| Reporting to ORI on the decision to initiate an investigation. |
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The Institutional Investigation
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| Institutional investigation. |
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| Investigation time limits. |
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| Opportunity to comment on the investigation report. |
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| Institutional investigation report. |
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| Notice to ORI of institutional findings and actions. |
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| Completing the research misconduct process. |
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Other Institutional Responsibilities
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| Retention and custody of the research misconduct proceeding record. |
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| Notifying ORI of special circumstances. |
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Subpart D—RESPONSIBILITIES OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
General Information
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| General statement of ORI authority. |
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| Interaction with other offices and interim actions. |
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Research Misconduct Issues
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| ORI allegation assessments. |
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| ORI review of research misconduct proceedings. |
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| Findings of research misconduct and proposed administrative actions. |
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| Notifying the respondent of findings of research misconduct and HHS administrative actions. |
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| HHS administrative actions. |
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| Mitigating and aggravating factors in HHS administrative actions. |
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| Settlement of research misconduct proceedings. |
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| Final HHS action with no settlement or finding of research misconduct. |
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| Final HHS action with settlement or finding of research misconduct. |
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Institutional Compliance Issues
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| Making decisions on institutional noncompliance. |
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Disclosure of Information
Subpart E—OPPORTUNITY TO CONTEST ORI FINDINGS OF RESEARCH MISCONDUCT AND HHS ADMINISTRATIVE ACTIONS
General Information
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| Opportunity to contest findings of research misconduct and administrative actions. |
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Hearing Process
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| Appointment of the Administrative Law Judge and scientific expert. |
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| Grounds for granting a hearing request. |
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| Grounds for dismissal of a hearing request. |
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| Authority of the Administrative Law Judge. |
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| Filing, forms, and service. |
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| Submission of witness lists, witness statements, and exhibits. |
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| Amendment to the charge letter. |
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| Actions for violating an order or for disruptive conduct. |
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| Standard and burden of proof. |
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| Admissibility of evidence. |
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| Correction of the transcript. |
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| Filing post-hearing briefs. |
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| The Administrative Law Judge's ruling. |
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