Rule 705. Functions of the presiding Member.

38 C.F.R. § 20.705
in effectEffective: 2024-07-01
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(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.

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