LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 18–20, 2007, Page 9

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the Commission on Constitutional Matters. The request for an opinion must be made through the Review
Committee, which shall determine the wording of the question(s). The request for an opinion must be made
within four weeks of the final formation of the Review Committee. If a party does not request such an
opinion within the designated time, such a request may still be made to the Review Committee, which shall,
at its discretion, determine whether the request shall be forwarded. The Review Committee shall also have
the right, at any time, to request an opinion from the Commission on Theology and Church Relations or
the Commission on Constitutional Matters. When an opinion has been requested, the time limitations will
not apply until the opinion has been received by the parties. Any opinion received must be followed by the
Review Committee.
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4.3

If the complainant or respondent has a question regarding doctrinal or constitutional matters, this question should
be submitted to the chairman of the Review Committee who will consult with the committee to determine the
wording.
If a request for an opinion is submitted later than four weeks after the formation of the committee, the chairman
shall consult with the committee to determine whether the request should be honored.
The four-week time constraint does not apply to the Review Committee itself, which has the right to request
opinions at any time.
Opinions will be provided as promptly as possible, but may result in delay depending upon commission meeting
schedules, during which time the process is placed on hold. Once received, commission opinions are binding upon
the committee.
Conduct of hearing

3.8.3.8.9 …(f)…(4) All hearings shall be private, attended only by the parties and the witnesses who can substantiate the
facts relevant to the matter in dispute. The Review Committee shall follow the procedures set forth in the
Standard Operating Procedures Manual for this bylaw to be followed in the hearing and shall establish the
relevancy of evidence so that each party shall be given an opportunity to present fully its respective
position. In performing its duty, the Review Committee shall continue efforts to reconcile the parties on the
basis of Christian love and forgiveness. If a party is a board or commission of the Synod or its districts, it
shall be represented by its chairman or a designated member.
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5.

The proceedings of the hearing shall be conducted according to the guidelines provided in this Standard
Operating Procedures Manual, a copy of which shall have been provided to the parties at the time the
complainant is provided assistance by the president or chairman of the board of the institution (see 1.3 above). If
any provision of this manual has not been complied with, it must be brought to the attention of the chairman of the
Review Committee within three days, or the right to object shall be considered waived.
The complainant shall be responsible for his/her own travel, lodging, food, and witness costs. The expenses of the
panel and essential expenses of the respondent shall be covered by the institution.
Hearings shall be private, attended only by the panel members, the complainant, and the respondent.
A majority of the members of the Review Committee shall constitute a quorum. A quorum shall be required
during all stages of the committee’s work.
The panel shall establish the procedure to be followed to hear and determine the relevancy of evidence so that
each side of the matter is given opportunity fully to present its position.
Witnesses who can substantiate facts relevant to the matter(s) at issue may be called before and address the panel
at the request of the complainant, respondent, or panel. Unless otherwise determined by the panel, witnesses shall
attend hearings only during the time that they are giving their own testimony. The panel may question witnesses
directly and may permit the parties to do likewise.
Copies of all documents presented as evidence shall be provided to all parties.
At its discretion, panels may make audio recordings of hearings for their own sole use. Such recordings are not to
be regarded as part of the official record. No recording of the proceedings of a hearing aside from personal notes
may be made by the parties involved.

Review Committee Decision
5.1

Committee issues decision

3.8.3.8.9…(f)…(5) Within 60 days after completion of the final hearing, the Review Committee shall issue a written decision
which shall state the facts determined by the committee and the reasons for its decision and forward them to the
parties and the board of regents…

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