PHS/HHS Decision

The Assistant Secretary for Health (ASH) makes the final PHS/HHS decision on the imposition of administrative actions after reviewing the recommendations made by ORI, except when the administrative actions include debarment or suspension. The ASH may accept, modify, or reject the administrative actions recommended by ORI. If the ASH accepts the recommendations, ORI sends the respondent a copy of the final ORI report and a notification letter that describes the proposed administrative actions to be taken against the respondent. ORI also provides notice of the respondent’s opportunity to request a hearing before an Administrative Law Judge of the HHS Departmental Appeals Board on the misconduct finding and the administrative actions. The respondent has 30 days from receipt of the notification to file a request for a hearing.

If a hearing is not requested, the research misconduct finding and administrative actions become final and are published in the Federal Register, the NIH Guide for Grants and Contracts, the ORI Newsletter, and the ORI Annual Report. In addition, HHS findings and administrative actions are posted on the PHS Administrative Actions Bulletin Board and the ORI web site. Debarments are also published in the General Services Administration’s Excluded Parties List System.