{"identifier":"/us/usc/t2/s1406","title":2,"num":"\u00a7\u202f1406.","heading":"Appeal to Board","text":"\u00a7\u202f1406.\nAppeal to Board\n(a)\nIn general\nAny party aggrieved by the decision of a hearing officer under\nsection 1405(g) of this title\n(b)\nParties\u2019 opportunity to submit argument\nThe 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.\n(c)\nStandard of review\nThe Board shall set aside a decision of a hearing officer if the Board determines that the decision was\u2014\n(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;\n(2) not made consistent with required procedures; or\n(3) unsupported by substantial evidence.\n(d)\nRecord\nIn 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.\n(e)\nDecision\nThe 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.","url":"https://projectusc.org/usc/t2/s1406.html","content":[{"t":"sec","id":"/us/usc/t2/s1406","children":[{"t":"num","text":"\u00a7\u202f1406."},{"t":"heading","text":"Appeal to Board"},{"t":"subsec","id":"/us/usc/t2/s1406/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Any party aggrieved by the decision of a hearing officer under ","children":[{"t":"ref","text":"section 1405(g) of this title","href":"/us/usc/t2/s1405/g","tail":" 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t2/s1406/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Parties\u2019 opportunity to submit argument"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t2/s1406/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Standard of review"},{"t":"chapeau","text":"The Board shall set aside a decision of a hearing officer if the Board determines that the decision was\u2014"},{"t":"para","id":"/us/usc/t2/s1406/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t2/s1406/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" not made consistent with required procedures; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t2/s1406/c/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" unsupported by substantial evidence.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t2/s1406/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Record"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t2/s1406/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Decision"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}