Collection › LCMS Commission on Constitutional Matters — Minutes (St. Louis, Missouri) › 2011 › Page 59

LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 59

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Source: The Lutheran Church—Missouri Synod (files.lcms.org)

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All earlier documentation of the matter and all records of the panel, including an original signed copy of the
panel’s decision and post office receipts indicating the date of reception of the decision by the parties, shall
accompany the notification sent to the Secretary of the Synod.

4.7 If not appealed, the decision of the panel is final
(b) The decision shall be carried out by the President of the Synod and be publicized as deemed
appropriate under the circumstances by the President of the Synod if not appealed by the accused or
by the President of the Synod. [2.15.7.9 (b)]
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Reception of signed receipts from the post office or other carrier indicates reception of the written decision
and establishes the date for the beginning of the 15-day time allowance for a response.
Publicity regarding the panel decision shall not be provided by the President of the Synod until it is clear
that time has elapsed for the request for a final hearing.
All records of the panel, including an original signed copy of the panel’s decision and post office receipts
indicating the date of reception of the decision by the parties, shall accompany the notification sent to the
Secretary of the Synod.
The Secretary of the Synod shall be responsible for the transmission of the complete record of the case to
Concordia Historical Institute after a final decision has been rendered. Such records shall remain sealed, to
be opened only for good cause shown and only after permission has been granted by a panel of three (3)
district presidents selected by blind draw for this purpose by the Secretary of the Synod (cf. Bylaw 2.14.7.8
[j]).

4.8 Accused or President of Synod may request a final hearing
(b) Such request for a final hearing shall be submitted to the Secretary of the Synod with copies
supplied to the district president of the accuser and the accused (depending upon whether it is a
district president or an officer of the Synod that is 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. [2.15.8 (b)]
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A written request for a final hearing with its accompanying memorandum stating the basis for the request
may be submitted to the Secretary of the Synod no later than the 15th day after the decision of the Hearing
Panel was received. If sent by mail, it shall be postmarked no later than the 15th day. If sent by fax or
electronic mail, it shall be dated and transmitted no later than the 15th day.
The request for a final hearing may be made by the accused for any reason related to the conduct of the
hearing or the decision of the Hearing Panel. The accompanying memorandum stating the basis for the
request should be specific to assist the Final Hearing Panel, identifying areas of concern or disagreement
with the Hearing Panel’s decision.
To allow maximum time for the formation of the Final Hearing Panel, verbal notification, when possible,
should precede the formal submission of the request for a final hearing and its accompanying memorandum. The receipt of the written request determines the beginning date of the 30-day allowance for
selection of Final Hearing Panel members.
The original copies of the written request and memorandum, retained by the Secretary of the Synod,
become a part of the official record of the matter.

5. Final Hearing Panel (Bylaw 2.15.8)
5.1 Request for a final hearing
Within 15 days after receiving the decision of the Hearing Panel, the accused, or the President of the
Synod if a question of doctrine or practice is involved (Constitution, Art. XI B 1–3), may request a final
hearing. [2.15.8]

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