[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: 14CFR1275.107]



[Page 517]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1275_RESEARCH MISCONDUCT--Table of Contents

 

Sec. 1275.107  Adjudication.



    (a) The NASA Adjudication Official must review and evaluate the 

investigation report and the evidentiary record required to be 

transmitted pursuant to Sec. 1275.102(d) and (e). The NASA Adjudication 

Official may initiate further investigations, which may include 

affording the Respondent another opportunity for comment, before issuing 

a decision regarding the case. The NASA Adjudication Official may also 

return the investigation report to the OIG with a request for further 

fact-finding or analysis.

    (b) Based on a preponderance of the evidence, the NASA Adjudication 

Official shall issue a decision setting forth the Agency's findings as 

to whether research misconduct has occurred and recommending appropriate 

administrative actions that may be undertaken by NASA in response to 

research misconduct determined to have occurred. The NASA Adjudication 

Official shall render a decision within 30 days after receiving the 

investigation report and evidentiary record, or after completion of any 

further proceedings. The NASA Adjudication Official may extend this 

period of time for good cause.

    (c) The decision shall be sent to the Respondent, to the 

Respondent's institution, and, if appropriate, to the Complainant. If 

the decision confirms the alleged research misconduct, it must include 

instructions on how to pursue an appeal to the NASA Appeals Official. 

The decision shall also be transmitted to the NASA Office of the Chief 

Scientist and the OIG.