Sec. 406. Appeal to the Board
208 words·~1 min read·
/bill/118/s/5168/is/section-406·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any party aggrieved by the decision of a Merits Hearing Officer under section 405(g) 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 Merits 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 Merits 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 Merits Hearing Officer for further proceedings. A decision that does not require further proceedings before a Merits Hearing Officer shall be entered in the records of the Office as a final decision.