Current through October 31, 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. 84 FR 187 , Jan. 18, 2019 Authority: 38 U.S.C. 501