---
kind: "section"
citation: "38 C.F.R. § 18b.40"
title: "38"
number: "18b.40"
heading: "Who presides."
url: "https://uscodex.org/cfr/38/18b.40"
---

# §18b.40. Who presides.


An administrative law judge assigned under 5 U.S.C. [3105](/usc/5/3105.md) or [3344](/usc/5/3344.md) (formerly section 11 of the Administrative Procedure Act) shall preside over the taking of evidence in any hearing to which these rules or procedure apply.


## Notes

### Amendments

[35 FR 10760, July 2, 1970, as amended at 51 FR 10386, Mar. 26, 1986]

### Authority

Authority: 5 U.S.C. 301, 38 U.S.C. 501 and 38 CFR 18.9(d) and appendix A, part 18.

### Source

Source: 35 FR 10760, July 2, 1970, unless otherwise noted.

### Amendments

[35 FR 10760, July 2, 1970, as amended at 51 FR 10386, Mar. 26, 1986]