§1406 Appeal to Board

Summary

Anyone unhappy with a hearing officer’s decision 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 agrees, speak in person. The Board will throw out a decision if it was random or unfair, not in line with law or required steps, or did not have enough evidence. The Board will look at the whole file or the parts a party points to and decide if any error mattered. It will write its reasons and may affirm, reverse, or send the case back; if no more action is needed, the Board’s ruling becomes the final Office decision.