2 USC 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