---
title: "§ 20.705 Rule 705. Functions of the presiding Member."
document: "38 CFR"
section: "§ 20.705"
canonical: "https://veteranai.co/va-regulations/38-cfr/20.705-functions-of-the-presiding-member"
source: "https://www.ecfr.gov/current/title-38/section-20.705"
updated: "2026-09-07T14:36:43.525612Z"
---

# § 20.705. Rule 705. Functions of the presiding Member.

(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.

[84 FR 187, Jan. 18, 2019]