UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND PART 18 OF THIS CHAPTER
General Rules
Sec.
18b.1
Scope of rules.
18b.2
Reviewing authority.
18b.9
Definitions.
18b.10
Records to be public.
18b.11
Use of number.
18b.12
Suspension of rules.
Appearance and Practice
18b.13
Appearance.
18b.14
Authority for representation.
18b.15
Exclusion from hearing for misconduct.
Parties
18b.16
Parties.
18b.17
Amici curiae.
18b.18
Complainants not parties.
Documents
18b.20
Form of documents to be filed.
18b.21
Signature of documents.
18b.22
Filing and service.
18b.23
Service; how made.
18b.24
Date of service.
18b.25
Certificate of service.
Time
18b.26
Computation.
18b.27
Extension of time or postponement.
18b.28
Reduction of time to file documents.
Proceedings Before Hearing
18b.30
Notice of hearing or opportunity for hearing.
18b.31
Answer to notice.
18b.32
Amendment of notice or answer.
18b.33
Request for hearing.
18b.34
Consolidation.
18b.35
Motions.
18b.36
Responses to motions and petitions.
18b.37
Disposition of motions and petitions.
Responsibilities and Duties of Presiding Officer
18b.40
Who presides.
18b.41
Designation of an administrative law judge.
18b.42
Authority of presiding officer.
Hearing Procedures
18b.50
Statements of position and trial briefs.
18b.51
Evidentiary purpose.
18b.52
Testimony.
18b.53
Exhibits.
18b.54
Affidavits.
18b.55
Depositions.
18b.56
Admissions as to facts and documents.
18b.57
Evidence.
18b.58
Cross-examination.
18b.59
Unsponsored written material.
18b.60
Objections.
18b.61
Exceptions to rulings of presiding officer unnecessary.
18b.62
Official notice.
18b.63
Public document items.
18b.64
Offer of proof.
18b.65
Appeals from ruling of presiding officer.
The Record
18b.66
Official transcript.
18b.67
Record for decision.
Posthearing Procedures; Decisions
18b.70
Posthearing briefs; proposed findings and conclusions.
18b.71
Decisions following hearing.
18b.72
Exceptions to initial or recommended decisions.
18b.73
Final decisions.
18b.74
Oral argument to the reviewing authority.
18b.75
Review by the Secretary.
18b.76
Service on amici curiae.
Posthearing Department Actions
18b.77
Final Department action.
Judicial Standards of Practice
18b.90
Conduct.
18b.91
Improper conduct.
18b.92
Ex parte communications.
18b.93
Expeditious treatment.
18b.94
Matters not prohibited.
18b.95
Filing of ex parte communications.
Authority:
5 U.S.C. 301, 38 U.S.C. 501 and 38 CFR 18.9(d) and appendix A, part 18.
Source:
35 FR 10760, July 2, 1970, unless otherwise noted.
General Rules
§ 18b.1
Scope of rules.
The rules of procedure in this part supplement §§ 18.9 and 18.10 of this chapter and govern the practice for hearings, decisions, and administrative review conducted by the Department of Veterans Affairs pursuant to Title VI of the Civil Rights Act of 1964 (section 602, 78 Stat. 252) and part 18 of this chapter.
§ 18b.2
Reviewing authority.
The term reviewing authority means the Secretary of Veterans Affairs, or any person or persons acting pursuant to authority delegated by the Secretary to carry out responsibility under § 18.10 of this chapter. The term includes the Secretary with respect to action under § 18b.75.
[35 FR 10760, July 2, 1970, as amended at 51 FR 10386, Mar. 26, 1986]
§ 18b.9
Definitions.
The definitions contained in § 18.13 of this chapter apply to this part, unless the context otherwise requires.
§ 18b.10
Records to be public.
All pleadings, correspondence, exhibits,