§ 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, § 406, Jan. 23, 1995, 109 Stat. 35.)

     This section is referred to in sections 1331, 1341, 1351, 1361, 1401, 1405, 1407, 1411, 1416 of this title.