2016 US Code
Title 2 - The Congress
Chapter 24 - Congressional Accountability
Subchapter IV - Administrative and Judicial Dispute-Resolution Procedures
Sec. 1406 - Appeal to Board
| 2 U.S.C. § 1406 (2016) |
| §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 argumentThe 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 reviewThe 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. 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) DecisionThe 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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(Pub. L. 104–1, title IV, §406, Jan. 23, 1995, 109 Stat. 35.) |
| United States Code, 2012 Edition, Supplement 4, Title 2 - THE CONGRESS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 2 - THE CONGRESS CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES Sec. 1406 - Appeal to Board |
| section 1406 |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 109 Stat. 35 |
| Public Law 104-1 |
