42 C.F.R. § 93.501
Notice of appeal.
Cite as 42 C.F.R. § 93.501 (2026)
(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.
- Cross-references to the CFR
- 93.405.