Title 2 — The CongressRelease 119-73

§1406 Appeal to Board

Title 2 › Chapter CHAPTER 24— - CONGRESSIONAL ACCOUNTABILITY › Subchapter SUBCHAPTER IV— - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES › § 1406

Last updated Apr 6, 2026|Official source

Summary

A person unhappy with a hearing officer’s decision under section 1405(g) may ask the Board to review it within 30 days after the decision is entered in the Office records. Parties can send written arguments and, if the Board allows, speak in oral argument. The Board will set aside a decision if it was arbitrary, violated required procedures, contradicted the law, or lacked enough evidence. The Board reviews the record, considers harmful errors, and issues a written ruling to affirm, reverse, or send the case back; rulings that need no more action become final.

Full Legal Text

Title 2, §1406

The Congress — Source: USLM XML via OLRC

(a)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)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)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)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)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.

Reference

Citations & Metadata

Citation

2 U.S.C. § 1406

Title 2 — The Congress

Last Updated

Apr 6, 2026

Release point: 119-73