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.

   (Authority: 38 U.S.C. 501)

[84 FR 187, Jan. 18, 2019]