§20.705. Rule 705. Functions of the presiding Member.
38 C.F.R. § 20.705
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.
Duties. The duties of the presiding Member include, but are not limited to, any of the following:
Conducting a prehearing conference, pursuant to § 20.707;
Ruling on questions of procedure;
Administering the oath or affirmation;
Ensuring that the course of the Board hearing remains relevant to the issue or issues on appeal;
Setting reasonable time limits for the presentation of argument;
Prohibiting cross-examination of the appellant and any witnesses;
Determining whether documentary evidence, testimony, and/or argument is relevant or material to the issue or issues being considered and not unduly repetitious;
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;
Disallowing or halting the use of personal recording equipment being used by an appellant or representative if it becomes disruptive to the hearing; and
Taking any other steps necessary to maintain good order and decorum.
Ruling on motions. The presiding Member has the authority to rule on any Board hearing-related motion.
Notes, amendments, and revision history
Amendments
[84 FR 187, Jan. 18, 2019]
Authority
Authority: 38 U.S.C. 501(a) and as noted in specific sections.
Source
Source: 57 FR 4109, Feb. 3, 1992, unless otherwise noted.
Amendments
[84 FR 187, Jan. 18, 2019]