Us Code § 1406 - Appeal to Board
Full text of Us Code United States Code § 1406 — Appeal to Board, with citation guidance and answers to common questions.
§ 1406. Appeal to Board
(a) In general
Any party aggrieved by the decision of a hearing officer under section 1405(g) of this title may file a petition for review by the Board not later than 30 days after entry of the decision in the records of the Office.
(b) Parties' opportunity to submit argument
The parties to the hearing upon which the decision of the hearing officer was made shall have a reasonable opportunity to be heard, through written submission and, in the discretion of the Board, through oral argument.
(c) Standard of review
The Board shall set aside a decision of a hearing officer if the Board determines that the decision was—
(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(d) Record
In making determinations under subsection (c), the Board shall review the whole record, or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
(e) Decision
The Board shall issue a written decision setting forth the reasons for its decision. The decision may affirm, reverse, or remand to the hearing officer for further proceedings. A decision that does not require further proceedings before a hearing officer shall be entered in the records of the Office as a final decision.
(Pub. L. 104–1, title IV, §406, Jan. 23, 1995, 109 Stat. 35.)
About This Section
2 U.S.C. § 1406 is part of Title 2 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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