LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 58

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Witnesses who are able to substantiate the facts relevant to the matter may be called before and address the
panel at the request of the accused, the President of the Synod, or the panel. The panel may require the
President of the Synod and the accused to deliver to the panel and to each other a list of the witnesses they
plan to call and copies of documents they plan to produce. Expert witnesses should be designated as such in
the witness list provided. When expert witnesses are listed, it is the responsibility of the panel to determine
whether such testimony will be helpful or necessary for reaching a decision.
Unless otherwise determined by the panel, witnesses shall attend hearings only during the time that they are
giving their own testimony. The panel shall question witnesses directly and may also permit the accused
and the President of the Synod to do so. The panel will establish the process by which witnesses will testify
and be available for questioning.
The hearing facilitator serves as the moderator of the formal hearing.
Subject to other specific provisions in this manual, all evidence shall be received in the presence of all
panel members, the accused, and the Synod President except when a party has waived the right to be
present or when a hearing proceeds in the absence of a party who fails to be present.
When a panel proceeds with its hearing in the absence of a party, a decision shall not be made solely on the
basis of the default of a party. The panel shall allow the party to submit such evidence as the panel may
find beneficial for reaching its decision. The panel also may, but need not, allow the absent party an
opportunity to appear at a subsequent hearing attended by all parties.
As the panel carries out its responsibilities, it shall continue efforts to reconcile the parties on the basis of
Christian love, forgiveness, and justice.
A panel may reopen a case for good cause and conduct additional hearings at any time before a final
decision is rendered.
At its discretion, the panel may make audio recordings of the proceedings solely for its own use. Such
recordings are not to be regarded as part of the record of the matter. No other recording of the proceedings
of a hearing, aside from the participants’ personal notes, may be made in any manner.

4.6 Panel issues written decision
Upon completion of the hearing, the Hearing Panel shall deliberate and then issue its written decision
within 30 days, a copy of which shall be mailed to the accused district president or officer, the President
of the Synod, the accuser and his district president, and the Secretary of the Synod.
(a) The decision of the Hearing Panel shall have no precedential value and shall be final and binding
subject to appeal by the accused or the President of the Synod. [2.15.7.9]
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The written decision of the panel shall be issued within 30 days of the date of the completion of the
hearing.
A panel decision of any matter shall be decided by two (2) votes of the panel. In the event that a decision
cannot be reached, a new panel shall be formed immediately and the matter reheard.
Decisions shall be rendered in writing and signed by the chairman of the panel. The decision of the panel
shall state the facts determined by the panel and the basis for the panel’s decision (see Appendix A of this
manual).
If agreement is reached by reconciliation or resignation during the course of a hearing prior to a decision
being rendered, the panel shall nonetheless arrive at a final decision. The final decision in such case shall
set forth the terms of the agreement(s) to the extent relied upon in reaching the decision. A written copy of
the agreement shall include the basis for the resolution of the matter, signed by the accused and the
President of the Synod and approved by the panel.
The decision shall be provided to the accused district president or officer of the Synod by mail in a manner
that requires a signature upon receipt, thereby to furnish evidence that the document has been received and
to verify the date of the receipt of the notification, which triggers the 15-day prescribed time period for an
appeal. The decision shall be provided to the accuser and his or her district president and the President and
Secretary of the Synod without return receipt signature requirements.
Notification shall make clear to the accused how the 15-day period for appeal is determined and to whom a
request for a final hearing may be directed.

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