This Notice has been superceded by Notice dated November 21, 1997 PEER REVIEW REBUTTAL AND APPEAL PROCESSES NIH GUIDE, Volume 25, Number 22, July 5, 1996 P.T. 34 Keywords: Grants Administration/Policy+ National Institutes of Health The National Institutes of Health (NIH) provide an applicant who feels that some aspect of the handling or peer review of his/her grant application has been inappropriate, biased, or wrong with two sequential opportunities, respectively referred to as "rebuttals" and "appeals," to have his/her concerns addressed. The first opportunity, or rebuttal, is available after the applicant has received the summary statement that documents the results of the initial review of the application's scientific and/or technical merit. The applicant should submit a detailed letter rebutting the review, not to the Scientific Review Administrator of the initial review group that reviewed the application, but to the Program Administrator of the relevant NIH Institute/Center (IC) who is responsible for the application. If the letter is judged to be a rebuttal and not simply a communication providing additional information, it will usually be made available to the IC's National Advisory Council/Board for consideration, if the IC staff cannot handle the concerns administratively. If the Council takes a specific action on the rebuttal, and if the Council deems that the applicant's objections have merit, it may recommend that the application be deferred and rereviewed. However, if the Council does not recommend deferral and rereview but concurs with the initial review and deems that it should stand, then the applicant has a second opportunity to have his/her concerns heard, by submitting a formal appeal of the Council's decision. "The PI and the applicant institution, represented by the institutional official authorized to sign applications, must jointly sign an appeal and send it to the NIH Peer Review Appeals Officer. The official representative's signature indicates that the applicant institution endorses both the form and substance of the appeal" (ref: NIH Manual Chapter 4518). The appeal letter must explain fully the reasons for the disagreement, append supporting documentation, and be sent to: NIH Appeals Officer Office of the Director National Institutes of Health 6701 Rockledge Drive, Room 6192 Bethesda, MD 20892 Two points that are important for applicants considering an appeal to weigh for themselves concern the possible outcomes and the timing of the appeal process. The most favorable possible outcome for an applicant in an appeal case can only be a decision that the application in question be rereviewed, since appeals cases examine only whether there were any flaws in the peer review process. The other possible outcome is that the review of the application was not substantially flawed and any minor flaws in the review did not affect the recommendation regarding the application. In that case, the review would stand and the application would not be rereviewed. As the conduct of an appeal case involves several steps of process and review, it may take at least four months (or one review cycle) to complete. Thus, given the possible outcomes and the timing of the appeal process, an applicant may wish to consider whether deficiencies in the review of his/her application were substantive enough to have had a major deleterious effect on the review of the application and, if not, to revise and resubmit it instead. Applicant concerns about the acceptance for review, responsiveness to a Request for Applications (RFA), other receipt issues, or the referral of their application, when submitted prior to the initial review, are entirely the responsibility of the Division of Research Grants (DRG) or of the IC assigned to review the application (as indicated on the computer-generated notice of assignments sent to applicants). This DRG or IC process also provides two opportunities (both of which are internal to either the DRG or the IC) for applicant concerns to be addressed. Decisions regarding the funding of applications, as they are actions that are external to the peer review process, may not be appealed. INQUIRIES For additional information about the peer review rebuttal and appeal processes or to discuss a particular matter, contact the NIH Appeal Officer, Dr. Janet Cuca, at 301/435-2691 or email: cucaj@odrockm1.od.nih.gov. .
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