2 USC § 1406 - Appeal to Board

---
identifier: "/us/usc/t2/s1406"
source: "usc"
legal_status: "official_prima_facie"
title: "2 USC § 1406 - Appeal to Board"
title_number: 2
title_name: "THE CONGRESS"
section_number: "1406"
section_name: "Appeal to Board"
chapter_number: 24
chapter_name: "CONGRESSIONAL ACCOUNTABILITY"
subchapter_number: "IV"
subchapter_name: "ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 104–1, title IV, § 406, Jan. 23, 1995, 109 Stat. 35.)"
---


# § 1406. Appeal to Board

**(a)** **In general** section 1405(g) of this title

Any party aggrieved by the decision of a hearing officer under  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.

---

**Source Credit**: (Pub. L. 104–1, title IV, § 406, Jan. 23, 1995, 109 Stat. 35.)