38-U.S.C.-7102
§7102 – Assignment of Members of Board
Pathway
Title 38 > Part V > Chapter 71 > Section 7102
Details
- Reference: Section 7102
- Legend: §7102 – Assignment of Members of Board
- USCode Year: 2013
Provision Content
(a) A proceeding instituted before the Board may be assigned to an individual member of the Board or to a panel of not less than three members of the Board. A member or panel assigned a proceeding shall make a determination thereon, including any motion filed in connection therewith. The member or panel, as the case may be, shall make a report under section 7104(d) of this title on any such determination, which report shall constitute the final disposition of the proceeding by the member or panel.
(b) A proceeding may not be assigned to the Chairman as an individual member. The Chairman may participate in a proceeding assigned to a panel or in a reconsideration assigned to a panel of members.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, §4002; Pub. L. 98–223, title II, §208(c), (d), Mar. 2, 1984, 98 Stat. 44; renumbered §7102 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; Pub. L. 103–271, §6(a), July 1, 1994, 108 Stat. 741.)
Amendments
1994—Pub. L. 103–271 amended section generally, substituting present provisions for provisions authorizing Chairman to divide Board into sections of three members and to assign proceedings thereto, and provisions relating to assignment where section is composed of fewer than three members, limiting annual period of service, prohibiting more than one member to be a temporary or acting member, and relating to hearing docket and report of determination.
1991—Pub. L. 102–40, §402(b)(1), renumbered section 4002 of this title as this section.
Subsec. (a)(2)(A)(ii). Pub. L. 102–83 substituted Department for Veterans’ Administration.
Subsec. (a)(3). Pub. L. 102–40, §402(d)(1), substituted 7101(c) for 4001(c).
1984—Subsec. (a)(1). Pub. L. 98–223, §208(d)(1), designated provision authorizing the Chairman from time to time to divide the Board into sections of three members, assign members to the Board thereto, and designated the chief thereof, as par. (1).
Subsec. (a)(2). Pub. L. 98–223, §208(d)(2), designated provision relating to authority of the Chairman in the case where a section is composed of fewer than three members as a result of absence, vacancy, or inability of a member to serve as subpar. (A), and in subpar. (A) as so designated, inserted provision authorizing the Chairman to designate an employee of the Veterans’ Administration to serve as an acting member of the Board on such section for a period of not to exceed 90 days, and added subpar. (B).
Subsec. (a)(3). Pub. L. 98–223, §208(d)(2), added par. (3).
Subsec. (b). Pub. L. 98–223, §208(d)(3), designated provision relating to the maintenance of a hearing docket and the holding of formal recorded hearings upon which a final determination will be made as subsec. (b).
Pub. L. 98–223, §208(c), struck out associate before member in two places.
Subsec. (c). Pub. L. 98–223, §208(d)(4), designated provision relating to the section making a determination on any proceeding or motion in connection therewith assigned to the section by the Board and making a report on such determination, which report constitutes its final disposition of the proceeding, as subsec. (c).
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