---
kind: "section"
citation: "38 C.F.R. § 20.705"
title: "38"
number: "20.705"
heading: "Rule 705. Functions of the presiding Member."
url: "https://uscodex.org/cfr/38/20.705"
---

# §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](/cfr/38/20.707.md);
  - (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.

## Notes

### 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]