[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3066]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AF94

 

Procedural Due Process and Appellate Rights

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) has amended its 
adjudication regulations concerning procedural due process and 
appellate rights. This amendment is necessary to clearly reflect VA 
policy concerning the scheduling of claimant hearings, and to clarify 
the number of decision-makers VA will provide to conduct claimant 
hearings. The intended effects of this amendment are to stipulate that 
a claimant hearing will not normally be scheduled solely for the 
purpose of receiving argument by a claimant's representative, and that 
the claimant is expected to be present at the hearing; and to clarify 
that the requisite number of decision-makers for the conduct of 
claimant hearings is one.

EFFECTIVE DATE: This amendment is effective, February 10, 1994.

FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Consultant, 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., 
Washington, DC 20420, (202) 233-3005.

SUPPLEMENTARY INFORMATION: VA published a proposal to amend 38 CFR 
3.103(c)(2) to stipulate that a claimant hearing will not normally be 
scheduled solely for the purpose of receiving argument by a claimant's 
representative, and that the claimant is expected to be present at the 
hearing, in the Federal Register of July 15, 1993 (58 FR 38103-04). VA 
also published a proposal to amend Sec. 3.103 (c)(1) and (c)(2) to 
clarify that the requisite number of decision-makers for the conduct of 
claimant hearings is one, in the Federal Register of July 15, 1993 (58 
FR 38106). Interested persons were invited to submit written comments, 
suggestions or objections concerning the proposals on or before August 
16, 1993. In order to avoid any possible confusion that might arise if 
final rules were separately published, we have combined publication of 
the final rule proposed under RIN 2900-AG33 with the final rule under 
RIN 2900-AF94. Since no comments concerning either proposal were 
received, the proposed amendments are adopted without change.
    The Secretary hereby certifies that this regulatory amendment will 
not have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act (RFA), 5 
U.S.C. 601-612. The reason for this certification is that this 
amendment would not directly affect any small entities. Only VA 
beneficiaries could be directly affected. Therefore, pursuant to 5 
U.S.C. 605(b), this amendment is exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.
    The Catalog of Federal Domestic Assistance program numbers are 
64.104, 64.105, 64.109 and 64.110.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Handicapped, Health 
care, Pensions, Veterans.

    Approved: January 12, 1994.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 3 is amended 
as set forth below:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

    1. The authority citation for part 3, subpart A, continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.


Sec. 3.103  [Amended]

    2. In Sec. 3.103(c)(1), in the third sentence, remove the word 
``personnel'' and insert, in its place, the words ``one or more 
employees''; in the fourth sentence, remove the words ``VA personnel'' 
and insert, in their place, the words ``one or more VA employees''.
    3. In Sec. 3.103(c)(2), remove the first two sentences and add, in 
their place, the sentences:


Sec. 3.103  Procedural due process and appellate rights.

* * * * *
    (c) * * *
    (2) The purpose of a hearing is to permit the claimant to introduce 
into the record, in person, any available evidence which he or she 
considers material and any arguments or contentions with respect to the 
facts and applicable law which he or she may consider pertinent. All 
testimony will be under oath or affirmation. The claimant is entitled 
to produce witnesses, but the claimant and witnesses are expected to be 
present. The Veterans Benefits Administration will not normally 
schedule a hearing for the sole purpose of receiving argument from a 
representative. * * *
* * * * *
    4. In Sec. 3.103(c)(2), in what is now the fifth sentence, remove 
the word ``personnel'' and insert, in its place, the words ``employee 
or employees''.
[FR Doc. 94-3066 Filed 2-9-94; 8:45 am]
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