LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 60

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The President of the Synod may request a final hearing only if he believes that a question of doctrine or
practice exists that may have had a significant or adverse bearing upon the decision of the Hearing Panel.
Requests shall be made to the Secretary of the Synod and included in the official record of the case.

5.2 Opinion from the CCM/CTCR may be requested by Synod President
(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.
(3) The panel must follow any opinion received from either the CCM or the CTCR. [2.15.8 (a)]
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The bylaw limits the right to obtain opinions from the CCM and CTCR at this stage of the panel process to
the President of the Synod.
The President of the Synod may, upon receiving a copy of the decision of the Hearing Panel, conclude that
an opinion from the CTCR and/or CCM in response to a question of doctrine or practice may be essential to
the case and helpful to a Final Hearing Panel.
Care shall be taken that questions are not phrased in a case-specific manner. The Final Hearing Panel is
required to follow any opinions received from the CCM or CTCR.
Until the requested opinion(s) of the CTCR and/or CCM has/have been received, the time limitations for a
request for a final hearing, the selection of a Final Hearing Panel, and the conduct of the final hearing shall
be suspended.

5.3 Secretary of the Synod forms Final Hearing Panel and selects hearing facilitator
Within 30 days after receipt of the request, a Final Hearing Panel shall be selected.
(a) The panel shall be constituted in the same prescribed manner as described in Bylaws
2.15.7.2−2.15.7.6, except that the district presidents, reconciler, and facilitator associated with the
Hearing Panel and the three district presidents that constituted a Referral Panel and any other
involved district presidents are omitted from consideration for the Final Hearing Panel. [2.15.8.1 (a)]
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The Secretary of the Synod shall facilitate the formation of the requested panel in the manner described in
the bylaws mentioned. He shall also serve as timekeeper to assure that the panel observes the time
requirements, a service that he shall continue to provide throughout the remainder of the panel process.
The Final Hearing Panel shall be selected in the same manner as the earlier Hearing Panel, except that the
two (2) district presidents, the reconciler, the hearing facilitator who provided assistance to the Hearing
Panel, and any other involved district presidents are not eligible to be considered.
When possible, notifications to the accused and to the President of the Synod shall be made in a manner
that results in a signed receipt to verify delivery, thereby to provide evidence that the notifications were
received and to verify the date of their receipt, which establishes the beginning date for the 15-day time
requirement.
Responses to the notifications shall be postmarked within the required time limits. After sufficient time has
passed to make clear that the required responses will not be received, the Secretary of the Synod shall
proceed to move the panel selection process forward.
If either party fails to make a selection, the Secretary of the Synod shall make the necessary selection by
blind draw. To accomplish a blind draw, such method shall be used as will accomplish a truly “blind” draw,
to be carried out in the presence of at least two (2) other neutral persons. Written verification signed and
dated by the witnesses to the blind draw shall be required to attest to the proper conduct of the draw.
To facilitate complying with the limited time requirements imposed by the bylaws, telephone, e-mail, or
fax messages may precede original copies of signed responses, thereby to allow the Secretary of the Synod
to proceed with his responsibilities prior to his reception of the formal responses.

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