APPEALS TO DAB
HHS Departmental Appeals Board Information
A respondent may request a hearing on the PHS finding of research
misconduct and/or the PHS administrative actions before the HHS Departmental
Appeals Board (DAB). The request must be made to the DAB within 30
days of receipt of the ORI final report and notification letter that
contains the finding and administrative actions. A DAB hearing is
conducted by a DAB member or an administrative judge and two scientists.
During a hearing, the respondent may be represented by counsel and
may file motions and pleadings, make legal arguments, request discovery,
present and cross examine witnesses, submit evidence, and participate
in the hearing. ORI relies heavily on the cooperation of the involved
institutions in obtaining witnesses, documents, and other assistance
in presenting its case before the DAB.
If the DAB rules in favor of the respondent, the misconduct finding
will be overturned and the proposed administrative actions will not
take effect. DAB rulings on propose debarments are subject to final
approval by the Deputy Assistant Secretary for Grants and Acquisition
Management (DASGAM), the debarring official for HHS. If the misconduct
findings and administrative actions are affirmed by the DAB (and DASGAM
in cases of debarment), they take effect immediately. Whatever the
outcome a final notification letter is sent to the institution where
the investigation was conducted and to the current employing institution
if the respondent has relocated. See other close out procedures under
ORI Decision and PHS Decision.
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Updated
February 21, 2003
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