42 CFR 93.105 : 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) — General (§ 93.100 To § 93.109) — Time limitations.

4 Aug 2016

(a) Six-year limitation. This part applies only to research misconduct occurring within six years of the date HHS or an institution receives an allegation of research misconduct.

(b) Exceptions to the six-year limitation. Paragraph (a) of this section does not apply in the following instances:

(1) Subsequent use exception. The respondent continues or renews any incident of alleged research misconduct that occurred before the six-year limitation through the citation, republication or other use for the potential benefit of the respondent of the research record that is alleged to have been fabricated, falsified, or plagiarized.

(2) Health or safety of the public exception. If ORI or the institution, following consultation with ORI, determines that the alleged misconduct, if it occurred, would possibly have a substantial adverse effect on the health or safety of the public.

(3) “Grandfather” exception. If HHS or an institution received the allegation of research misconduct before the effective date of this part.

42 CFR 93.105