---
kind: "section"
citation: "2 U.S.C. § 1406"
title: "2"
title_heading: "The Congress"
number: "1406"
heading: "Appeal to Board"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/1406"
units:
  - "Chapter 24 — Congressional Accountability"
  - "Subchapter IV — Administrative and Judicial Dispute-Resolution Procedures"
---

# §1406. Appeal to Board

- (a) **In general—** Any party aggrieved by the decision of a hearing officer under [section 1405(g) of this title](/usc/2/1405.md?p=g) may file a petition for review by the [Board](/usc/2/1301.md?p=a-1) not later than 30 days after entry of the decision in the records of the [Office](/usc/2/1301.md?p=a-12).
- (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](/usc/2/1301.md?p=a-1), through oral argument.
- (c) **Standard of review—** The [Board](/usc/2/1301.md?p=a-1) shall set aside a decision of a hearing officer if the [Board](/usc/2/1301.md?p=a-1) 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)](#c), the [Board](/usc/2/1301.md?p=a-1) 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](/usc/2/1301.md?p=a-1) 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](/usc/2/1301.md?p=a-12) as a final decision.

## Source credit

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