§ 1406. — Appeal to Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC1406]
TITLE 2--THE CONGRESS
CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
SUBCHAPTER IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
Sec. 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) of this section, 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, Sec. 406, Jan. 23, 1995, 109 Stat. 35.)
Section Referred to in Other Sections
This section is referred to in sections 1331, 1341, 1351, 1361,
1401, 1405, 1407, 1411, 1416 of this title.
