StacksVerified U.S. regulatory reference

38 CFR §20.705

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
  1. (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.
  2. (b)Duties. The duties of the presiding Member include, but are not limited to, any of the following:
    1. (1)Conducting a prehearing conference, pursuant to § 20.707;
    2. (2)Ruling on questions of procedure;
    3. (3)Administering the oath or affirmation;
    4. (4)Ensuring that the course of the Board hearing remains relevant to the issue or issues on appeal;
    5. (5)Setting reasonable time limits for the presentation of argument;
    6. (6)Prohibiting cross-examination of the appellant and any witnesses;
    7. (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. (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. (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. (10)Taking any other steps necessary to maintain good order and decorum.
  3. (c)Ruling on motions. The presiding Member has the authority to rule on any Board hearing-related motion.