Collection › LCMS Convention Workbook (St. Louis, Missouri) › 1983 · 55th Convention › Page 207
LCMS Convention Workbook St. Louis, Missouri — 1983, Page 207

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

STRUCTURE AND CONSTITUTION 207

a. A commission shall be governed in its acts,
procedures, and judgments by the Word of God and
Christian principles.

b. All hearings before a commission shall be
private.

c. Except as herein orin therules and regulations
expressly allowed, while any proceeding is pending
before acommission, no party to such proceeding, nor
anyoneon such party's behalf, shall either directly or
indirectly have any form of communication with any
member of such commission concerning any matter
involved in such proceeding. Similarly, except as
herein or in the rules and regulations expressly
allowed, there shall be no such communication with
any member of the Commission on Appeals while
there is pending before a Commission on Adjudica-
tion any matter which is appealable to the Commis-
sion on Appeals.

d. Therules shall permit one or more members of a
commission to meet with the parties prior to a
hearing of the case in order to determine (i) the
issue(s) in the case and (ii) the facts on which the
parties agree, provided that all parties shall be
present or represented.

e. In the event that questions of interpretation of
the Synod’s Constitution, Bylaws, and resolutions, or
questions of interpretation of theological issues arise
during any adjudication, the Commission on Adjudi-
cation hearing such case and either party to the
adjudication may seek the advisory opinion of the
Commission on Constitutional Matters or the Com-
mission on Theology and Church Relations in accord-
ance with the rules and regulations promulgated by
the Commission on Appeals of the Synod for that
purpose.

f. In appeal cases before the Commission on
Appeals. there shall be no new hearing, and the
Commission on Appeals shall render its decision on
the basis of a review of the proceedings before the
Commission on Adjudication. The Commission on
Appeals may, however, in its discretion permit or
request the submission of additional evidence when it
appears that such evidence may assist the board in
reaching a decision. In the event that questions of
interpretation of the Synod’s Constitution, Bylaws,
and resolutions, or questions of interpretation of
theological issues arise during any appeal. the
Commission on Appeals, at the request of either party
to the appeal, shall seek the advisory opinion of the
Commission on Constitutional Matters on questions
of interpretation of the Synod’s Constitution, Bylaws.

the application of the changes. In al] events the Rules
of Procedure shall be consistent with the following
basic principles:

a. A commission shall be governed in its acts,
procedures, and judgments by the Holy Scriptures
and Christian principles.

b. All hearings before a commission shall be
private.

c. Except as the Rules of Procedure expressly
allow. while any proceeding is pending before a
commission, no party to a case, nor anyone on the
party's behalf, shall either directly or indirectly have
any form of communication with any member of the
commission concerning any matter involved in the
proceeding. Similarly, except as the Rules of Proce-
dure expressly allow, there shall be no communica-
tion with any member of the Commission on Appeals
while there is pending before a Commission on
Adjudication any matter which is appealable to the
Commission on Appeals.

d. Any party to a case, his adviser, the District
President, or the synodical President, may request in
writing from the chairman of a Commission on
Adjudication or the Commission on Appeals informa-
tion relative to matters concerning procedures
connected with the hearing.

e. The Rules of Procedure shall permit one or more
members of a commission to meet with the parties
prior to a hearing of the case in order to determine (1)
the issue(s) in the case and (2) the facts on which the
parties agree. All parties shall be invited to be present
or represented.

f. In the event that questions of interpretation of
the Synod's Constitution, Bylaws, and resolutions or
questions of interpretation of theological issues arise,
the Commission on Adjudication or the Commission
on Appeals, at the request of either party, shall seek
the advisory opinion of the Commission on Constitu-
tional Matters on questions of interpretation of the
Synod’s Constitution, Bylaws, and resolutions and
also that of the Commission on Theology and Church
Relations on questions of interpretation of theological
issues.

g. An intent to appeal decisions of Commissions
on Adjudication shall be filed within 30 days after the
transcript has been delivered. The hearing shall be
completed within the following 45 days. Failure to
appeal within the designated period shall result in
the loss of the right to appeal.

h. In appeal cases before the Commission on
Appeals there shall be no new hearing, and the
Commission on Appeals shall render its decision on
the basis of a review of the total proceedings before
the Commission on Adjudication. The Commission
on Appeals may, however, in its discretion permit or
request the submission of additional evidence when it
appears that such evidence may assist the commis-
sion in reaching a decision.