42 CFR 93.504 : Public Health (Part 1 To Parts 1009-1099) — (Part 1 To Chapters Ii-Iii) — Public Health Service, Department Of Health And Human Services (Part 1 To Parts 138-199) — Health Assessments And Health Effects Studies Of Hazardous Substances Releases And Facilities (§ 90.1 To § 93.523) — Public Health Service Policies On Research Misconduct (§ 93.25 To § 93.523) — Opportunity To Contest Ori Findings Of Research Misconduct And Hhs Administrative Actions (§ 93.500 To § 93.523) — Hearing Process (§ 93.502 To § 93.523) — Grounds for dismissal of a hearing request.

(a) The ALJ must dismiss a hearing request if the respondent -

(1) Does not file the request within 30 days after receiving the charge letter;

(2) Does not raise a genuine dispute over facts or law material to the findings of research misconduct and any administrative actions, including debarment and suspension actions, in the hearing request or in any extension to supplement granted by the ALJ under § 93.501(d);

(3) Does not raise any issue which may properly be addressed in a hearing;

(4) Withdraws or abandons the hearing request; or

(b) The ALJ may dismiss a hearing request if the respondent fails to provide ORI with notice in the form and manner required by § 93.501.