[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR17.70]

[Page 665]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 17_MEDICAL--Table of Contents
 
Sec.  17.70  Written decision following a hearing.

    (a) The hearing official shall issue a written decision within 20 
days of the completion of the hearing. An oral hearing shall be 
considered completed when the hearing ceases to receive in person 
testimony. A paper hearing shall be considered complete on the date by 
which written statements must be submitted to the hearing official in 
order to be considered as part of the record.
    (b) The hearing official's determination of a community residential 
care facility's noncompliance with VA standards shall be based on the 
preponderance of the evidence.
    (c) The written decision shall include:
    (1) A statement of the facts;
    (2) A determination whether the community residential care facility 
complies with the standards set forth in Sec.  17.63 of this part; and
    (3) A determination of the time period, if any, the community 
residential care facility shall have to remedy any noncompliance with VA 
standards before revocation of VA approval occurs.
    (d) The hearing official's determination of any time period under 
paragraph (c)(3) of this section shall consider the safety and health of 
the residents of the community residential care facility and the length 
of time since the community residential care facility received notice of 
the noncompliance.

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

[54 FR 20842, May 15, 1989. Redesignated and amended at 61 FR 21965, 
21967, May 13, 1996]