[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1275.105]

[Page 518]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          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).