**§14.633 Termination of accreditation or authority to provide
representation**

> **under §14.630.**

\(a\) Accreditation or authority to provide representation on a
particular claim under §14.630 may be suspended or canceled at the
request of an organization, individual providing representation under
§14.630, representative, agent, or attorney. When an organization
requests suspension or cancellation of the accreditation of a
representative due to misconduct or lack of competence on the part of
the representative or because the representative resigned to avoid
suspension or cancellation of accreditation for misconduct or lack of
competence, the organization shall inform VA of the reason for the
request for suspension or cancellation and the facts and circumstances
surrounding any incident that led to the request.

\(b\) Accreditation shall be canceled at such time as a determination is
made by the General Counsel that any requirement of §14.629 is no longer
met by a representative, agent, or attorney.

\(c\) Accreditation or authority to provide representation on a
particular claim shall be canceled when the General Counsel finds, by
clear and convincing evidence, one or more of the following:

\(1\) Violation of or refusal to comply with the laws administered by VA
or with the regulations governing practice before VA including the
standards of conduct in §14.632;

\(2\) Knowingly presenting or prosecuting a fraudulent claim against the
United States, or knowingly providing false information to the United
States;

\(3\) Demanding or accepting unlawful compensation for preparing,
presenting, prosecuting, or advising or consulting, concerning a claim;

\(4\) Knowingly presenting to VA a frivolous claim, issue, or argument.
A claim, issue, or argument is frivolous if the individual providing
representation under §14.630, representative, agent, or attorney is
unable to make a good faith argument on the merits of the position taken
or to support the position taken by a good faith argument for an
extension, modification, or reversal of existing law;

\(5\) Suspension or disbarment by any court, bar, or Federal or State
agency to which such individual providing representation under §14.630,
representative, agent, or attorney was previously admitted to practice,
or disqualification from participating in or appearing before any court,
bar, or Federal or State agency and lack of subsequent reinstatement;

\(6\) Charging excessive or unreasonable fees for representation as
determined by VA, the Court of Appeals for Veterans Claims, or the
United States Court of Appeals for the Federal Circuit; or

\(7\) Any other unlawful or unethical practice adversely affecting an
individual's fitness for practice before VA.

\(d\) Accreditation or authority to provide representation on a
particular claim shall be canceled when the General Counsel finds that
the performance of an individual providing representation under §14.630,
representative, agent, or attorney before VA demonstrates a lack of the
degree of competence necessary to adequately prepare, present, and
prosecute claims for veteran's benefits. A determination that the
performance of an individual providing representation under §14.630,
representative, agent, or attorney before VA demonstrates a lack of the
degree of competence required to represent claimants before VA will be
based upon consideration of the following factors:

\(1\) The relative complexity and specialized nature of the matter;

\(2\) The individual's general experience;

\(3\) The individual's training and experience; and

\(4\) The preparation and study the individual is able to give veterans
benefits matters and whether it is feasible to refer such matters to, or
associate or consult with, an individual of established competence in
the field of practice.

\(e\) As to cancellation of accreditation under paragraphs (c) or (d) of
this section, upon receipt of credible written information from any
source indicating improper conduct, or incompetence, the Assistant
General Counsel of jurisdiction shall inform the subject of the
allegations about the specific law, regulation, or policy alleged to
have been violated or the nature of the alleged incompetence and the
source of the complaint, and shall provide the subject with the
opportunity to respond. If the matter involves an accredited
representative of a recognized organization, the notice shall include
contact with the representative's organization. When appropriate,
including situations where no harm results to the claimant or VA, the
Assistant General Counsel will provide the subject with an opportunity
to correct the offending behavior before deciding whether to proceed
with a formal inquiry. If the subject refuses to comply and the matter
remains unresolved, or the behavior subsequently results in harm to a
claimant or VA, the Assistant General Counsel shall immediately initiate
a formal inquiry into the matter.

\(1\) If the result of the inquiry does not justify further action, the
Assistant General Counsel will close the inquiry and maintain the record
for 3 years.

\(2\) If the result of the inquiry justifies further action, the
Assistant General Counsel shall:

\(i\) Inform the General Counsel of the result of the inquiry and notify
the individual providing representation under §14.630, representative,
agent or attorney of an intent to cancel accreditation or authority to
provide representation on a particular claim. The notice will be sent to
individuals providing representation on a particular claim by certified
or registered mail to the individual's last known address of record as
indicated on the VA Form 21-22a on file with the agency of original
jurisdiction. The notice will be sent to accredited individuals by
certified or registered mail to the individual's last known address of
record as indicated in VA's accreditation records. The notice will state
the reason(s) for the cancellation proceeding and advise the individual
to file an answer, in oath or affidavit form or the form specified for
unsworn declarations under penalty of perjury in 28 U.S.C. 1746, within
30 days from the date the notice was mailed, responding to the stated
reasons for cancellation and explaining why he or she should not be
suspended or excluded from practice before VA. The notice will also
advise the individual of the right to submit additional evidence and the
right to request a hearing on the matter. Requests for hearings must be
made in the answer. If the individual does not file an answer with the
Office of the General Counsel within 30 days of the date that the
Assistant General Counsel mailed the notice, the Assistant General
Counsel shall close the record and forward it with a recommendation to
the General Counsel for a final decision.

\(ii\) In the event that a hearing is not requested, the Assistant
General Counsel shall close the record and forward it with a
recommendation to the General Counsel for a final decision.

\(iii\) The Assistant General Counsel may extend the time to file an
answer or request a hearing for a reasonable period upon a showing of
sufficient cause.

\(iv\) For purposes of computing time for responses to notices of intent
to cancel accreditation, days means calendar days. In computing the time
for filing this response, the date on which the notice was mailed by the
Assistant General Counsel shall be excluded. A response postmarked prior
to the expiration of the 30th day shall be accepted as timely filed. If
the 30th day falls on a weekend or legal holiday, the first business day
thereafter shall be included in the computation. As used in this
section, legal holiday means New Year's Day, Birthday of Martin Luther
King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor
Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and
any other day appointed as a holiday by the President or the Congress of
the United States, or by the State in which the individual resides.

\(f\) If a hearing is requested, it will be held at the VA Regional
Office nearest the individual's principal place of business. If the
individual's principal place of business is Washington, DC, the hearing
will be held at the VA Central Office or other VA facility in
Washington, DC. For hearings conducted at either location, the Assistant
General Counsel or his or her designee shall present the evidence. The
hearing officer shall not report, directly or indirectly to, or be
employed by the General Counsel or the head of the VA agency of original
jurisdiction before which the individual provided representation. The
hearing officer shall provide notice of the hearing to the individual
providing representation under §14.630, representative, agent, or
attorney by certified or registered mail at least 21 days before the
date of the hearing. Hearings shall not be scheduled before the
completion of the 30-day period for filing an answer to the notice of
intent to cancel accreditation. The hearing officer will have authority
to administer oaths. The party requesting the hearing will have a right
to counsel, to present evidence, and to cross-examine witnesses. Upon
request of the individual requesting the hearing, an appropriate VA
official designated in §2.1 of this chapter may issue subpoenas to
compel the attendance of witnesses and the production of documents
necessary for a fair hearing. The hearing shall be conducted in an
informal manner and court rules of evidence shall not apply. Testimony
shall be recorded verbatim. The evidentiary record shall be closed 10
days after the completion of the hearing. The hearing officer shall
submit the entire hearing transcript, any pertinent records or
information, and a recommended finding to the Assistant General Counsel
within 30 days of closing the record. The Assistant General Counsel
shall immediately forward the record and the hearing officer's
recommendation to the General Counsel for a final decision.

\(g\) The General Counsel may suspend the accreditation of a
representative, agent, or attorney, under paragraphs (b), (c), or (d) of
this section, for a definite period or until the conditions for
reinstatement specified by the General Counsel are satisfied. The
General Counsel shall reinstate an individual\'s accreditation at the
end of the suspension period or upon verification that the individual
has satisfied the conditions for reinstatement.

\(h\) The decision of the General Counsel is a final adjudicative
determination of an agency of original jurisdiction and may be appealed
to the Board of Veterans' Appeals. The effective date for cancellation
of accreditation or authority to provide representation on a particular
claim shall be the date upon which the General Counsel's final decision
is rendered. Notwithstanding provisions in this section for closing the
record at the end of the 30-day period for filing an answer or 10 days
after a hearing, appeals shall be initiated and processed using the
procedures in 38 CFR parts 19 and 20. Nothing in this section shall be
construed to limit the Board's authority to remand a matter to the
General Counsel under 38 CFR 19.9 for any action that is essential for a
proper appellate decision or the General Counsel's ability to issue a
Supplemental Statement of the Case under 38 CFR 19.31.

\(i\) In cases where the accreditation of an agent or attorney is
cancelled, the Office of the General Counsel may notify all agencies,
courts, and bars to which the agent or attorney is admitted to practice.

(The Office of Management and Budget has approved the information
collections requirements in this section control number 2900-0018.)

\[53 FR 52422, Dec. 28, 1988, as amended at 61 FR 7216, Feb. 27, 1996;
72 FR 58012, Oct. 12, 2007; 73 FR 29874, May 22, 2008\]

**Supplement *Highlights* references**: 81(1), 83(3).