38 CFR § 39.9 - Hearings.

---
identifier: "/us/cfr/t38/s39.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 39.9 - Hearings."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "39.9"
section_name: "Hearings."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "39"
part_name: "AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "38 U.S.C. 101, 501, 2408, 2411, 3765."
regulatory_source: "75 FR 34005, June 16, 2010, unless otherwise noted."
cfr_part: "39"
---


# 39.9 Hearings.

(a) No application for a grant under this part shall be disapproved until the applicant has been afforded an opportunity for a hearing.

(b) Whenever a hearing is requested under this section, notice of the hearing, procedure for the conduct of such hearing, and procedures relating to decisions and notices shall accord with the provisions of §§ 18.9 and 18.10 of this chapter. Failure of an applicant to request a hearing under this section or to appear at a hearing for which a date has been set shall be deemed to be a waiver of the right to be heard and constitutes consent to the making of a decision on the basis of such information as is available.

(Authority: 38 U.S.C. 501, 2408)