Title 2, The CongressRelease 119-110

§1406 Appeal to Board

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

Last updated Sep 22, 2026|Official source

Summary

Anyone 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 the Board may allow oral argument. The Board must overturn a decision if it is arbitrary, not consistent with the law, made without required procedures, or not supported by substantial evidence. The Board will review the record, give written reasons, and may affirm, reverse, or send the case back; if no more proceedings are needed the Board’s written ruling is entered as the final decision.

Full Legal Text

Title 2, §1406

The Congress, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

2 U.S.C. § 1406

Title 2, The Congress

Last Updated

Sep 22, 2026

Release point: 119-110