[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Rules and Regulations]
[Pages 29027-29028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14364]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 20
RIN 2900-AI15
Rules of Practice: Elimination of Unnecessary Provisions Relating
to Representation, Witnesses, and Access to Board Records
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Rules of Practice for the Board of
Veterans' Appeals (Board) to eliminate unnecessary provisions
concerning individuals who may assist an attorney in presenting
evidence and argument at the Board, concerning testimony from members
of Congress and Congressional staffs, and concerning Board records. The
Board adjudicates appeals of denials of claims for veterans' benefits.
EFFECTIVE DATE: June 7, 1996.
FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Chief Counsel, Board
of Veterans' Appeals, Department of Veterans Affairs, 810 Vermont
Avenue, NW., Washington, DC 20420 (202-565-5978).
SUPPLEMENTARY INFORMATION: This document eliminates from the Board's
Rules of Practice provisions which are no longer necessary.
In Sec. 20.606, relating to legal interns, law students and
paralegals, former paragraph (a) is deleted. Previously, that paragraph
limited to two the number of such individuals who may assist an
attorney in presenting evidence and argument at the Board. Particularly
with the limitation in former paragraph (d) of Sec. 20.606--which
limits to two the number of such individuals who may make a
presentation at a hearing and permits the presiding Member to limit
participation at a hearing--we do not believe the limitation in
paragraph (a) is needed. New paragraph (d) (former paragraph (e)) is
amended to provide that a presiding Member of a hearing--as well as the
Chairman--may withdraw permission for a legal intern, law student or
paralegal to prepare and present cases before the Board if the
individual demonstrates incompetence, unprofessional conduct, or
interference with the appellate process.
Section 20.710, relating to witnesses at hearings, is rewritten to
delete specific instructions that Members of Congress and Congressional
staff may testify at a hearing, and to delete the extensive discussion
of the nature of an affirmation (as opposed to an oath). We do not
believe either provision is necessary.
Section 20.1300, relating to access to Board records, is rewritten
to limit its
[[Page 29028]]
applicability to removal of Board records. Previous paragraphs (b)
through (e) restate statutory and other regulatory provisions regarding
access to records which we believe are unnecessary in the Board's Rules
of Practice.
This final rule concerns agency procedure or practice and,
consequently, pursuant to 5 U.S.C. 553, is exempt from notice and
comment requirements.
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This rule will affect VA beneficiaries and will not affect small
businesses. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is
exempt from the initial and final regulatory flexibility analyses
requirements of Secs. 603 and 604.
List of Subjects in 38 CFR Part 20
Administrative practice and procedure, Claims, Lawyers, Legal
services, Veterans.
Approved: May 31, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 20 is amended
as set forth below:
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
1. The authority citation for part 20 continues to read as follows:
Authority: 38 U.S.C. 501(a).
Subpart G--Representation
Sec. 20.606 [Amended]
2. In Sec. 20.606, paragraph (a) is removed; and paragraphs (b),
(c), (d) and (e) are redesignated as paragraphs (a), (b), (c) and (d),
respectively.
3. In Sec. 20.606, newly redesignated paragraph (c) is amended by
removing ``paragraph (b)'' in the fourth sentence and adding, in its
place, ``paragraph (a)''
4. In Sec. 20.606, newly redesignated paragraph (d) is amended by
adding ``or presiding Member'' immediately following ``Chairman'' in
the last sentence.
Subpart H--Hearings on Appeal
5. Section 20.710 is revised to read as follows:
Sec. 20.710 Rule 710. Witnesses at hearings.
The testimony of witnesses, including appellants, will be heard.
All testimony must be given under oath or affirmation. Oath or
affirmation is not required for the sole purpose of presenting
contentions and argument.
Authority: 38 U.S.C. 7102, 7105(a), 7107.
Subpart N--Miscellaneous
6. Section 20.1300 is revised to read as follows:
Sec. 20.1300 Rule 1300. Removal of Board records.
No original record, paper, document or exhibit certified to the
Board may be taken from the Board except as authorized by the Chairman
or except as may be necessary to furnish copies or to transmit copies
for other official purposes.
Authority: 38 U.S.C. 5701.
[FR Doc. 96-14364 Filed 6-6-96; 8:45 am]
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