[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR17.68]

[Page 611]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 17--MEDICAL--Table of Contents
 
Sec. 17.68  Notice and conduct of hearing.

    (a) Upon receipt of a request for an oral hearing, the hearing 
official shall:
    (1) Notify the community residential care facility operator of the 
date, time, and location for the hearing; and
    (2) Notify the community residential care facility operator that 
written statements and other evidence for the record may be submitted to 
the hearing official before the date of the hearing. An oral hearing 
shall be informal. The rules of evidence shall not be followed. 
Witnesses shall testify under oath or affirmation. A recording or 
transcript of every oral hearing shall be made. The hearing official may 
exclude irrelevant, immaterial, or unduly repetitious testimony.
    (b) Upon the receipt of a community residential care facility's 
request for a paper hearing, the hearing official shall notify the 
community residential care facility operator that written statements and 
other evidence must be submitted to the hearing official by a specified 
date in order to be considered as part of the record.
    (c) In all hearings, the community residential care facility 
operator and VA may be represented by counsel.

(Authority: 38 U.S.C. 1730)

[54 FR 20842, May 15, 1989. Redesignated at 61 FR 21965, May 13, 1996]