[Title 42 CFR 93.517]
[Code of Federal Regulations (annual edition) - October 1, 2008 Edition]
[Title 42 - PUBLIC HEALTH]
[Chapter I - PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN]
[Subchapter H - HEALTH ASSESSMENTS AND HEALTH EFFECTS STUDIES OF HAZARDOUS]
[Part 93 - PUBLIC HEALTH SERVICE POLICIES ON RESEARCH MISCONDUCT]
[Subpart E - Opportunity To Contest ORI Findings of Research Misconduct and]
[Sec. 93.517 - The hearing.]
[From the U.S. Government Printing Office]


42PUBLIC HEALTH12008-10-012008-10-01false93.517Sec. 93.517PUBLIC HEALTHPUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMANHEALTH ASSESSMENTS AND HEALTH EFFECTS STUDIES OF HAZARDOUSPUBLIC HEALTH SERVICE POLICIES ON RESEARCH MISCONDUCTOpportunity To Contest ORI Findings of Research Misconduct and
Sec. 93.517  The hearing.

    (a) The ALJ will conduct an in-person hearing to decide if the 
respondent committed research misconduct and if the HHS administrative 
actions, including any debarment or suspension actions, are appropriate.
    (b) The ALJ provides an independent de novo review of the ORI 
findings of research misconduct and the proposed HHS administrative 
actions. The ALJ does not review the institution's procedures or 
misconduct findings or ORI's research misconduct proceedings.
    (c) A hearing under this subpart is not limited to specific findings 
and evidence set forth in the charge letter or the respondent's request 
for hearing. Additional evidence and information may be offered by 
either party during its case-in-chief unless the offered evidence is--
    (1) Privileged, including but not limited to those protected by the 
attorney-client privilege, attorney-work product doctrine, or Federal 
law or regulation.
    (2) Otherwise inadmissible under Sec. Sec. 93.515 or 93.519.
    (3) Not offered within the times or terms of Sec. Sec. 93.512 and 
93.513.
    (d) ORI proceeds first in its presentation of evidence at the 
hearing.
    (e) After both parties have presented their cases-in-chief, the 
parties may offer rebuttal evidence even if not exchanged earlier under 
Sec. Sec. 93.512 and 93.513.
    (f) Except as provided in Sec. 93.518(c), the parties may appear at 
the hearing in person or by an attorney of record in the proceeding.
    (g) The hearing must be open to the public, unless the ALJ orders 
otherwise for good cause shown. However, even if the hearing is closed 
to the public, the ALJ may not exclude a party or party representative, 
persons whose presence a party shows to be essential to the presentation 
of its case, or expert witnesses.