|
|
U.S. Code, Title 2, the Congress
Contents:
Show Summary
Hide Summary
General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 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.)
Section Referred to in Other Sections
This section is referred to in sections 1331, 1341, 1351, 1361, 1401, 1405, 1407, 1411, 1416 of this title.
Contents:
Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 1406. Appeal to Board," U.S. Code, Title 2, the Congress in U.S. Code, Title 2, the Congress (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed October 11, 2024, http://www.originalsources.com/Document.aspx?DocID=L8A4FTD6XIPEUBC.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 1406. Appeal to Board." U.S. Code, Title 2, the Congress, in U.S. Code, Title 2, the Congress, Washington, D.C., Government Printing Office, 2002, Original Sources. 11 Oct. 2024. http://www.originalsources.com/Document.aspx?DocID=L8A4FTD6XIPEUBC.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 1406. Appeal to Board' in U.S. Code, Title 2, the Congress. cited in 2002, U.S. Code, Title 2, the Congress, Government Printing Office, Washington, D.C.. Original Sources, retrieved 11 October 2024, from http://www.originalsources.com/Document.aspx?DocID=L8A4FTD6XIPEUBC.
|