Okla. Admin. Code § 310:2-31-22

Current through Vol. 42, No. 7, December 16, 2024

Section 310:2-31-22 - Conducting the inquiry

(a)Initiation and purpose of the inquiry. If the RIO determines that the allegation provides sufficient information, involves PHS support, and is within the PHS definition of scientific misconduct, they will immediately initiate the inquiry process. The RIO should identify the original allegation and any related issues that should be evaluated in the initial inquiry. The purpose of the inquiry is to make a preliminary evaluation of the available evidence and testimony of the respondent, whistleblower, and key witnesses to determine whether there is sufficient evidence of possible scientific misconduct to warrant an investigation. The findings of the inquiry will be documented in an inquiry report.

(b)Sequestration of the research records. After determining that an allegation falls within the definition of misconduct in science and involves PHS funding, the RIO must ensure that all original research records and materials relevant to the allegation are immediately secured.

(c)Appointment of the inquiry committee.

(1) The RIO will appoint an inquiry committee and committee chair within ten (10 days) days of the initiation of the inquiry. The inquiry committee will consist of individuals who:

(A) Do not have real or apparent conflicts of interest in the case;

(B) Are unbiased; and

(C) Have the necessary expertise to evaluate the evidence and issues related to the allegation.

(D) May be scientists, subject matter experts, administrators, lawyers, or other qualified persons, and they may be from inside or outside the institution.

(2) The Inquiry Committee will interview the principals and key witnesses, and conduct the inquiry.

(3) The RIO will notify the respondent of the proposed committee membership in ten (10 days). days.

(4) If the respondent submits a written objection to any appointed member of the inquiry committee or expert based on bias or conflict of interest within five (5 days), days, the RIO will determine whether to replace the challenged member or expert with a qualified substitute.

(d)Charge to the committee. The RIO will prepare a charge for the inquiry committee that describes the allegations and any related issues and states that the purpose of the inquiry is to make a preliminary evaluation to determine whether there is sufficient evidence of possible scientific misconduct to warrant an investigation as required by the PHS regulation.

(e)Inquiry process. The inquiry committee will interview the whistleblower, the respondent, and key witnesses as well as examining relevant research records and materials. The inquiry committee will evaluate the evidence and testimony obtained. After consultation with the RIO and OSDH counsel, the committee members will decide whether there is sufficient evidence of possible scientific misconduct to recommend further investigation.

Okla. Admin. Code § 310:2-31-22

Adopted by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/13/2019

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021