[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18b.51]

[Page 55-56]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18b--PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 
1964 AND PART 18 OF THIS CHAPTER--Table of Contents
 
Sec. 18b.51  Evidentiary purpose.

    (a) The hearing is directed to receiving factual evidence and expert 
opinion testimony related to the issues in the proceeding. Argument will 
not be received in evidence; rather it should be presented in 
statements, memoranda, or briefs, as determined by the presiding 
officer. Brief opening statements, which shall be limited to statement 
of the party's position and what the party intends to prove, may be made 
at hearings.
    (b) Hearings for the reception of evidence will be held only in 
cases where issues of fact must be resolved in order to determine 
whether the respondent has failed to comply with one or more applicable 
requirements of part 18 of

[[Page 56]]

this chapter. In any case where it appears from the respondent's answer 
to the notice of hearing or opportunity for hearing, from failure timely 
to answer, or from admissions or stipulations in the record, that there 
are no matters of material fact in dispute, the reviewing authority or 
presiding officer may enter an order so finding, vacating the hearing 
date if one has been set, and fixing the time for filing briefs under 
Sec. 18b.70. Thereafter the proceedings shall go to conclusion in 
accordance with Secs. 18b.70 through 18b.76. The presiding officer may 
allow an appeal from such order in accordance with Sec. 18b.65.

[35 FR 10760, July 2, 1970, as amended at 51 FR 10386, Mar. 26, 1986]