                          TITLE 2--THE CONGRESS
 
                CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
 
SUBCHAPTER IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
 
Sec. 1406. Appeal to Board


(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) of this section, 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, Sec. 406, Jan. 23, 1995, 109 Stat. 35.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1331, 1341, 1351, 1361, 
1401, 1405, 1407, 1411, 1416 of this title.
