View all text of Subchapter IV [§ 1401 - § 1417]
§ 1406. Appeal to Board
(a) In general
(b) Parties’ opportunity to submit 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
(e) Decision
(Pub. L. 104–1, title IV, § 406, Jan. 23, 1995, 109 Stat. 35.)