2 U.S.C. § 1406 — Appeal to Board
submitted 31 years ago by Pub. L. 104-1 to r/title-2-THE-CONGRESS · 226 words · no verdicts yet
A party harmed by a hearing officer’s decision may ask the Board to review it within 30 days. The Board must use specified legal and evidentiary standards, explain its decision in writing, and may affirm, reverse, or send the matter back.
(a) A party harmed by a hearing officer’s decision under section 1405(g) may petition the Board* for review no later than 30 days after the decision is entered in the Office’s records.
(b) The parties to the hearing must have a reasonable chance to present arguments in writing and, if the Board allows it, orally.
(c) The Board must set aside the hearing officer’s decision if it was (1) arbitrary, capricious, an abuse of discretion, or otherwise inconsistent with law; (2) not made using required procedures; or (3) unsupported by substantial evidence.
(d) The Board must review the entire record, or the portions a party cites, and must properly account for the rule of prejudicial error.
(e) The Board must issue a written decision explaining its reasons. It may affirm, reverse, or remand the matter to the hearing officer for further proceedings. If no further hearing-officer proceedings are needed, the decision must be entered in the Office’s records as final.
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—
arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
not made consistent with required procedures; or
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.
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.
Source credit: (Pub. L. 104–1, title IV, § 406, Jan. 23, 1995, 109 Stat. 35.)
- 1995Enacted · Pub. L. 104-1 · 109 Stat. 35
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-1 on 1995-01-23.
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