[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR689.9]



[Page 253-254]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 689_RESEARCH MISCONDUCT--Table of Contents

 

Sec. 689.9  Dispositions.



    (a) After receiving a report from an external investigation by an 

awardee institution or another Federal agency, OIG will assess the 

accuracy and completeness of the report and whether the investigating 

entity followed reasonable procedures. It will either recommend adoption 

of the findings in whole or in part or, normally within 30 days, 

initiate a new investigation.

    (b) When any satisfactory external investigation or an NSF 

investigation fails to confirm alleged misconduct--

    (1) OIG will notify the subject of the investigation and, if 

appropriate, those who reported the suspected or alleged misconduct. 

This notification may include the investigation report.



[[Page 254]]



    (2) Any interim administrative restrictions that were imposed will 

be lifted.

    (c) When any satisfactory investigation confirms misconduct--

    (1) In cases in which debarment is considered by OIG to be an 

appropriate disposition, the case will be referred to the debarring 

official pursuant to 45 CFR part 620 and the procedures of 45 CFR part 

620 will be followed, but:

    (i) The debarring official will be either the Deputy Director, or an 

official designated by the Deputy Director.

    (ii) Except in unusual circumstances, the investigation report and 

recommended disposition will be included among the materials provided to 

the subject of the investigation as part of the notice of proposed 

debarment.

    (iii) The notice of the debarring official's decision will include 

instructions on how to pursue an appeal to the Director.

    (2) In all other cases--

    (i) Except in unusual circumstances, the investigation report will 

be provided by OIG to the subject of the investigation, who will be 

invited to submit comments or rebuttal. Comments or rebuttal submitted 

within the period allowed, normally 30 days, will receive full 

consideration and may lead to revision of the report or of a recommended 

disposition.

    (ii) Normally within 45 days after completing an NSF investigation 

or receiving the report from a satisfactory external investigation, OIG 

will submit to the Deputy Director the investigation report, any 

comments or rebuttal from the subject of the investigation, and a 

recommended disposition. The recommended disposition will propose any 

final actions to be taken by NSF. Section 689.3 lists possible final 

actions and considerations to be used in determining them.

    (iii) The Deputy Director will review the investigation report and 

OIG's recommended disposition. Before issuing a disposition the Deputy 

Director may initiate further hearings or investigation. Normally within 

120 days after receiving OIG's recommendations or after completion of 

any further proceedings, the Deputy Director will send the affected 

individual or institution a written disposition, specifying actions to 

be taken. The decision will include instructions on how to pursue an 

appeal to the Director.