How are 8(a) BD appeals decided?
An Administrative Law Judge, who exercises independent decision-making powers, decides all 8(a) BD appeals. The Judge generally will decide the case based on the written record. In most suspension cases, the Judge also may hold an oral hearing with witnesses if you request one. The decision to conduct an oral hearing, however, is at the discretion of the Judge. An appeal is decided in a written decision or order addressing the relevant issues. A decision consists of findings of fact and conclusions of law, based on statute, regulation, and prior case law. An 8(a) BD suspension appeal may result in an order either lifting or upholding the suspension, or an order dismissing the appeal.
