Page:United States Statutes at Large Volume 102 Part 5.djvu/110

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4116

PUBLIC LAW 100-687—NOV. 18, 1988

section based upon inflation and similar fees charged by other courts established under Article I of the Constitution. "§ 4063. Representation of parties; fee agreements "(a) The Administrator shall be represented before the Court of Veterans Appeals by the General Counsel of the Veterans' Administration. "(b) Representation of appellants shall be in accordance with the rules of practice prescribed by the Court under section 4064 of this title. In addition to members of the bar admitted to practice before the Court in accordance with such rules of practice, the Court may allow other persons to practice before the Court who meet standards of proficiency prescribed in such rules of practice. "(c) A person who represents an appellant before the Court shall file a copy of any fee agreement between the appellant and that person with the Court at the time the appeal is filed. The Court, on its own motion or the motion of any party, may review such a fee agreement. "(d) In reviewing a fee agreement under subsection (c) of this section or under section 3404(c)(2) of this title, the Court may affirm the finding or order of the Board and may order a reduction in the fee called for in the agreement if it finds that the fee is excessive or unreasonable. An order of the Court under this subsection is final and may not be reviewed in any other court. "§ 4064. Rules of practice and procedure "(a) The proceedings of the Court of Veterans Appeals shall be conducted in accordance with such rules of practice and procedure as the Court prescribes. "(b) The mailing of a pleading, decision, order, notice, or process in respect of proceedings before the Court shall be held sufficient service of such pleading, decision, order, notice, or process if it is properly addressed to the address furnished by the appellant on the notice of appeal filed under section 4066 of this title. "§ 4065. Contempt authority; assistance to the Court "(a) The Court shall have power to punish by fine or imprisonment such contempt of its authority as— "(1) misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice; "(2) misbehavior of any of its officers in their official transactions; or "(3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command. "(b) The Court shall have such assistance in the carrying out of its lawiful writ, process, order, rule, decree, or command as is available to a court of the United States. The United States marshal for a district in which the Court is sitting shall, if requested by the chief judge of the Court, attend any session of the Court in that district. "§ 4066. Notice of appeal "(a) In order to obtain review by the C^urt of Veterans Appeals of a final decision of the Board of Veterans' Appeals, a person adversely affected by that action must file a notice of appeal with the Court. Any such notice must be filed within 120 days after the date on which notice of the decision is mailed pursuant to section 4004(e) of this title.