38 C.F.R. § 20.705

Current through November 30, 2024
Section 20.705 - Rule 705. Functions of the presiding Member
(a)General. The presiding Member is responsible for the conduct of a Board hearing in accordance with the provisions of subparts G and H of this part.
(b)Duties. The duties of the presiding Member include, but are not limited to, any of the following:
(1) Conducting a prehearing conference, pursuant to § 20.707 ;
(2) Ruling on questions of procedure;
(3) Administering the oath or affirmation;
(4) Ensuring that the course of the Board hearing remains relevant to the issue or issues on appeal;
(5) Setting reasonable time limits for the presentation of argument;
(6) Prohibiting cross-examination of the appellant and any witnesses;
(7) Determining whether documentary evidence, testimony, and/or argument is relevant or material to the issue or issues being considered and not unduly repetitious;
(8) Terminating a Board hearing or directing that an offending party, representative, witness, or observer leave the hearing if that party persists or engages in disruptive or threatening behavior;
(9) Disallowing or halting the use of personal recording equipment being used by an appellant or representative if it becomes disruptive to the hearing; and
(10) Taking any other steps necessary to maintain good order and decorum.
(c)Ruling on motions. The presiding Member has the authority to rule on any Board hearing-related motion.

38 C.F.R. §20.705

84 FR 187 , Jan. 18, 2019

Authority: 38 U.S.C. 501

84 FR 187 , 2/19/2019