Page:United States Statutes at Large Volume 109 Part 1.djvu/51

 PUBLIC LAW 104-l^JAN. 23, 1995 109 STAT. 35 comply, resides, transacts business, or may be found, and subpoenas for witnesses who are required to attend such proceedings may run into any other district. (g) DECISION. —The hearing officer shall issue a written decision as expeditiously as possible, but in no case more than 90 days after the conclusion of the hearing. The written decision shall be transmitted by the Office to the parties. The decision shall state the issues raised in the complaint, describe the evidence in the record, contain findings of fact and conclusions of law, contain a determination of whether a violation has occurred, and order such remedies as are appropriate pursuant to title II. The decision Records, shall be entered in the records of the Office. If a decision is not appealed under section 406 to the Board, the decision shall be considered the final decision of the Office. (h) PRECEDENTS.— ^A hearing officer who conducts a hearing under this section shall be guided by judicial decisions under the laws made applicable by section 102 and by Board decisions under this Act. SEC. 406. APPEAL TO THE BOARD. 2 USC 1406. (a) IN GENERAL. — Any party aggrieved by the decision of a hearing officer under section 405(g) 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 Records, that does not require further proceedings before a hearing officer shall be entered in the records of the Office as a final decision. SEC. 407. JUDICIAL REVIEW OF BOARD DECISIONS AND ENFORCE- 2 USC 1407. MENT. (a) JURISDICTION. — (1) JUDICIAL REVIEW. —The United States Court of Appeals for the Federal Circuit shall have jurisdiction over any proceeding commenced by a petition of— (A) a party aggrieved by a final decision of the Board under section 406(e) in cases arising under part A of title II, (B) a charging individual or a respondent before the Board who files a petition under section 210(d)(4), (C) the General Counsel or a respondent before the Board who files a petition under section 215(c)(5), or

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