[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1275.105]



[Page 516]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1275_RESEARCH MISCONDUCT--Table of Contents

 

Sec. 1275.105  Conduct of the OIG investigation of research misconduct.



    (a) The OIG shall make every reasonable effort to complete a NASA 

research misconduct investigation and issue a report within 120 days 

after initiating the investigation. The OIG may extend this period of 

time for good cause.

    (b) A NASA investigation may include:

    (1) Review of award files, reports, and other documents readily 

available at NASA or in the public domain;

    (2) Review of procedures or methods and inspection of laboratory 

materials, specimens, and records at awardee institutions;

    (3) Interviews with parties or witnesses;

    (4) Review of any documents or other evidence provided by or 

properly obtainable from parties, witnesses, or other sources;

    (5) Cooperation with other Federal agencies; and

    (6) Opportunity for the Respondent to be heard.

    (c) The OIG may invite outside consultants or experts to participate 

in a NASA investigation.

    (d) During the course of the investigation, the OIG shall provide a 

draft of the investigation report to the Respondent, who shall be 

invited to submit comments. The Respondent must submit any comments 

within 20 days of receipt of the draft investigation report. This period 

of time may be extended by the OIG for good cause. Any comments 

submitted by the Respondent shall receive full consideration before the 

investigation report is made final.

    (e) At the end of the investigation proceedings, an investigation 

report must be prepared that shall include recommended findings as to 

whether research misconduct has occurred. A recommended finding of 

research misconduct requires that:

    (1) There be a significant departure from accepted practices of the 

relevant research community for maintaining the integrity of the 

research record;

    (2) The research misconduct be committed intentionally, knowingly, 

or in reckless disregard of accepted practices; and

    (3) The allegation be proven by a preponderance of evidence.

    (f) The investigation report must also be transmitted with the 

recommendations for administrative action, when recommended findings of 

research misconduct are made. Section 1275.106 lists possible 

recommended administrative actions and considerations for use in 

determining appropriate recommendations.

    (g) NASA OIG may elect to proceed with its administrative 

investigation processes in lieu of a research misconduct investigation 

under this part when the allegation is against a civil service employee 

(an intramural researcher).