38 USC § 7254 - Organization | Title 38 - Veterans Benefits | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) The Court of Appeals for Veterans Claims shall have a seal which shall be judicially noticed.

(b) The Court may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the Court. Any such panel shall have not less than three judges. The Court shall establish procedures for the assignment of the judges of the Court to such panels and for the designation of the chief of each such panel.

(c)

(1) A majority of the judges of the Court shall constitute a quorum for the transaction of the business of the Court. A vacancy in the Court shall not impair the powers or affect the duties of the Court or of the remaining judges of the Court.

(2) A majority of the judges of a panel of the Court shall constitute a quorum for the transaction of the business of the panel. A vacancy in a panel of the Court shall not impair the powers or affect the duties of the panel or of the remaining judges of the panel.

(d) Precedence of Judges.— The chief judge of the Court shall have precedence and preside at any session that the chief judge attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.

(e) Judges of the Court shall have the authority to administer oaths.

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(a) The Court of Appeals for Veterans Claims shall have a seal which shall be judicially noticed.

(b) The Court may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the Court. Any such panel shall have not less than three judges. The Court shall establish procedures for the assignment of the judges of the Court to such panels and for the designation of the chief of each such panel.

(c)

(1) A majority of the judges of the Court shall constitute a quorum for the transaction of the business of the Court. A vacancy in the Court shall not impair the powers or affect the duties of the Court or of the remaining judges of the Court.

(2) A majority of the judges of a panel of the Court shall constitute a quorum for the transaction of the business of the panel. A vacancy in a panel of the Court shall not impair the powers or affect the duties of the panel or of the remaining judges of the panel.

(d) Precedence of Judges.— The chief judge of the Court shall have precedence and preside at any session that the chief judge attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.

(e) Judges of the Court shall have the authority to administer oaths.

Source

(Added Pub. L. 100–687, div. A, title III, § 301(a),Nov. 18, 1988, 102 Stat. 4114, § 4054; amended Pub. L. 101–94, title IV, § 402,Aug. 16, 1989, 103 Stat. 628; Pub. L. 101–237, title VI, § 602(b),Dec. 18, 1989, 103 Stat. 2095; renumbered § 7254,Pub. L. 102–40, title IV, § 402(b)(1),May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(e)(4),June 13, 1991, 105 Stat. 287; Pub. L. 102–82, § 8(3),Aug. 6, 1991, 105 Stat. 377; Pub. L. 105–368, title V, § 512(a)(1),Nov. 11, 1998, 112 Stat. 3341; Pub. L. 106–117, title X, § 1034,Nov. 30, 1999, 113 Stat. 1595.)

Amendments

1999—Subsec. (d). Pub. L. 106–117inserted heading and amended text of subsec. (d) generally. Prior to amendment, text read as follows: “In the event of a vacancy in the position of chief judge of the Court, the associate judge senior in service on the Court shall serve as acting chief judge unless the President designates one of the other associate judges to serve as acting chief judge, in which case the judge so designated shall serve as acting chief judge.”

1998—Subsec. (a). Pub. L. 105–368substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.

1991—Pub. L. 102–40renumbered section 4054 of this title as this section.

Subsecs. (d), (e). Pub. L. 102–54amended section as in effect immediately before the enactment of Pub. L. 102–40, and Pub. L. 102–82amended section, identically, by redesignating the second subsec. (d), relating to authority to administer oaths as, (e).

1989—Subsec. (d). Pub. L. 101–237added subsec. (d) relating to authority to administer oaths.

Pub. L. 101–94added subsec. (d) relating to acting chief judge in event of vacancy.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–117effective Nov. 30, 1999, with savings provision for incumbent chief judge, see section 1036 ofPub. L. 106–117, set out as a note under section 7253 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 ofPub. L. 105–368, set out as a note under section 7251 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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38 USC	Description of Change	Session Year	Public Law	Statutes at Large

38 USC § 7254 - Organization

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