# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_January 25 26 2013_S5
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

accused in a case already decided by a Hearing Panel, there will be a need for a second hearing by a Final
Hearing Panel (these changes also be applied to the Bylaw sections 2.15 and 2.17 expulsion processes).
At present, following a decision of a Hearing Panel in current Bylaw sections 2.14, 2.15, and 2.17,
opportunity for the accused to request a final hearing must be granted in every case. This provision
effectually empties the work and the decision of the Hearing Panel of any value, since the decision of the
Final Hearing Panel becomes the final and binding decision in the matter.
PRESENT/PROPOSED WORDING
2.14.7.9 Upon completion of the hearing, the Hearing Panel shall deliberate and then issue its written
decision within 30 days,.
(a) Copies a copy of the decision which shall be mailed to the accused, the district president
who imposed the suspension, the accuser and his/her district president, the Secretary of the
Synod, and the President of the Synod.
(ab) The decision of the Hearing Panel shall behave no precedential value and shall be final
and binding, subject to appeal by the accused or the President of the Synod as set forth in
Bylaw 2.14.8 below.
(c) The President of the Synod may request an opinion from the Commission on
Constitutional Matters (CCM) or Commission on Theology and Church Relations (CTCR).
(1) Any opinion so requested shall be rendered within 30 days or such greater time as
the panel may allow.
(2) When an opinion has been requested, the time limitations will not apply until the
parties have received the opinion.
(3) CCM and CTCR opinions must be followed if the matter is appealed.
(bd) If not appealed, the decision of the Hearing Panel shall be carried out by the district
president or the President of the Synod and shall be publicized as deemed appropriate under
the circumstances by the district president or President of the Synod.regarded as final and
shall
(1) be binding upon the parties and not be subject to further appeal;
(2) have no precedential value;
(3) be carried out by the district president or the President of the Synod; and
(4) shall be publicized as deemed appropriate under the circumstances by the district
president or the President of the Synod.
Appeal Panel
2.14.8

Within 15 days after receiving tThe decision of the Hearing Panel may be appealed by the
accused or by the President of the Synod if a question of doctrine or practice is involved
(Constitution, Art. XI B 1–3) within 15 days after receiving the decision.may request a final
hearing. (a) The President of the Synod may also request that an opinion of the Commission on
Constitutional Matters (CCM) or Commission on Theology and Church Relations (CTCR) be
obtained. (1) Any opinion so requested shall be rendered within 30 days or such greater time as
the panel may allow. (2) When an opinion has been requested, the time limitations will not
apply until the parties have received the opinion. The panel must follow any opinion received
from either the CCM or the CTCR.(b) Such request for a final hearing shall be submitted to the
Secretary of the Synod with copies provided supplied to the district president(s) of the accuser
and the accused, the chairman of the Hearing Panel, the accuser, and the President of the
Synod, and shall be accompanied by a written memorandum stating the basis for the request.
Page 32 – 01.25 to 01.26.13 – COH Minutes