issue a cease-and-desist order, or both. The decision of the administrative law judge shall constitute final agency action unless an appeal is taken under subsection (e). (e) Appeal to Administration (1) Right to appeal The general counsel and each respondent shall each have a right to appeal to the Administration from any final determination made by an administrative law judge. (2) Review of ALJ determinations In the event of an appeal under paragraph (1), the Administration shall review the determination of the administrative law judge to determine whether— (A) a finding of material fact is not supported by substantial evidence