Code of Federal Regulations (Last Updated: May 6, 2024) |
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 |
Subpart E - Opportunity To Contest ORI Findings of Research Misconduct and HHS Administrative Actions |
Hearing Process |
§ 93.505 - Rights of the parties.
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§ 93.505 Rights of the parties.
(a) The parties to the hearing are the respondent and ORI. The investigating institution is not a party to the case, unless it is a respondent.
(b) Except as otherwise limited by this subpart, the parties may -
(1) Be accompanied, represented, and advised by an attorney;
(2) Participate in any case-related conference held by the ALJ;
(3) Conduct discovery of documents and other tangible items;
(4) Agree to stipulations of fact or law that must be made part of the record;
(5) File motions in writing before the ALJ;
(6) Present evidence relevant to the issues at the hearing;
(7) Present and cross-examine witnesses;
(8) Present oral arguments;
(9) Submit written post-hearing briefs, proposed findings of fact and conclusions of law, and reply briefs within reasonable time frames agreed upon by the parties or established by the ALJ as provided in § 93.522; and
(10) Submit materials to the ALJ and other parties under seal, or in redacted form, when necessary, to protect the confidentiality of any information contained in them consistent with this part, the Privacy Act, the Freedom of Information Act, or other Federal law or regulation.