Sec. 406. APPEAL TO THE BOARD
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## SEC. 406 APPEAL TO THE BOARD **[**[2 U.S.C. 1406](/us/usc/t2/s1406)**]** ###
(a)In General Any party aggrieved by the decision of a 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. ###
(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.
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Sec. 406
APPEAL TO THE BOARD
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