38 CFR §20.705
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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.