2 U.S.C. § 1406 — Appeal to Board

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^*.

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.

The Board shall set aside a decision of a hearing officer if the Board determines that the decision was—

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.

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.