§ 20.705. Rule 705. Functions of the presiding Member.
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/us/cfr/t38/s§ 20.705·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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. (Authority: 38 U.S.C. 501) \[84 FR 187, Jan. 18, 2019\]
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§ 20.705
Rule 705. Functions of the presiding Member.
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