2 U.S.C. § 1406
Sections in this chapter
- § 1301
- § 1302
- § 1311
- § 1312
- § 1313
- § 1314
- § 1315
- § 1316
- § 1316a
- § 1316b
- § 1317
- § 1331
- § 1341
- § 1351
- § 1361
- § 1362
- § 1371
- § 1381
- § 1382
- § 1383
- § 1384
- § 1385
- § 1386
- § 1387
- § 1388
- § 1401
- § 1402
- § 1402a
- § 1403
- § 1404
- § 1405
- § 1406
- § 1407
- § 1408
- § 1409
- § 1410
- § 1411
- § 1412
- § 1413
- § 1414
- § 1415
- § 1416
- § 1417
- § 1431
- § 1432
- § 1433
- § 1434
- § 1435
- § 1436
- § 1437a
- § 1437b
- § 1437
- § 1438
§ 1406. Appeal to Board
- (a) 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) 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) 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) 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) 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.
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