Page:United States Statutes at Large Volume 102 Part 5.djvu/109

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-687—NOV. 18, 1988

102 STAT. 4115

    • § 4056. l i m e s and places of sessions

"The times and places of sessions of the Court of Veterans Appeals shall be prescribed by the chief judge. "SUBCHAPTER n—PROCEDURE "§ 4061. Scope of review "(a) In any action brought under this chapter, the Court of Veterans Appeals, to the extent necessary to its decision and when presented, shall— "(1) decide all relevant questions of law, interpret constitutional, statutory, and r ^ u l a to r y provisions, and determine the meaning or applicability of the terms of an action of the Administrator; "(2) compel action of the Administrator unlawfully withheld; "(3) hold unlawful and set aside decisions, findings (other than those described in clause (4) of this subsection), conclusions, rules, and r ^ u l a t i o n s issued or adopted by the Administrator, the Board of Veterans' Appeals, or the Chairman of the Board found to be— "(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; "(B) contrary to constitutional right, power, privil^e, or immunity "(C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or "(D) without observance of procedure required by law; and "(4) in the case of a finding of material fact made in reaching a decision in a case before the Veterans' Administration with respect to benefits under laws administered by the Veterans' Administration, hold unlawful and set aside such finding if the finding is clearly erroneous. "(b) In making the determinations under subsection (a) of this section, the Court shall take due account of the rule of prejudicial error. "(c) In no event shall findings of fact made by the Administrator or the Board of Veterans' Appeals be subject to trial de novo by the court. "(d) When a final decision of the Board of Veterans' Appeals is adverse to a party and the sole stated basis for such decision is the failure of the party to comply with any applicable regulation prescribed by the Administrator, the Court shall review only questions raised as to compliance wilii and the validity of the regulation. "§ 4062. Fee for filing appeals "(a) The Court of Veterans Appeals may impose a fee of not more than $50 for the filing of any appeal with the Court. The Ck>urt shall establish procedures under wMch such a fee may be waived in the case of an appeal filed by or on behalf of a person who demonstrates that the requirement that such fee be paid will impose a hardship on that person. A decision as to such a waiver is final and may not be reviewed in any other court. "(b) The Court may from time to time adjust the maximum amount permitted for a fee imposed under subsection (a) of this