§ 1406. Appeal to Board
239 words·~1 min read·
/usc/title-2/section-1406A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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), 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.)
Connections14 cite this · traces to 1
Cited by 14 sections · top 8
U.S. Code
- § 1401Procedure for consideration of alleged violations
- § 1351Application of chapter 71 of title 5 relating to Federal service labor-management relations; procedures for remedy of violations
- § 1416Confidentiality
- § 1331Rights and protections under Americans with Disabilities Act of 1990 relating to public services and accommodations; procedures for remedy of violations
- § 1341Rights and protections under Occupational Safety and Health Act of 1970; procedures for remedy of violations
- § 1405Hearing
- § 1407Judicial review of Board decisions and enforcement
statute-compilations
Traces to 1 document
U.S. Code
2 references not yet in our index
- Pub. L. 104–1, title IV, § 406
- 109 Stat. 35
Citation graph
cites case law
§ 1406
Appeal to Board
U.S.C.×13
Stat. Comp.×1
Pub. L.Pub. L. 104–1, title IV, § 406
Stat.109 Stat. 35
Cites 3Cited by 14 across 2 sources