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U.S. Code/Title 2/§ 1406

Title 2

2

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2 U.S.C. § 1406.Chapter 24

§ 1406

Appeal to Board

Title 2
2 min read
Subchapter: ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES

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((a)) ** In general** Any party aggrieved by the decision of a hearing officer under 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.section 1405(g) of this title

((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), 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.

§ 1405

Release: pl-119-83 (2026-04-13)

§ 1407

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