Official Handbook Source Text
Handbook page 66
Source: LCMS Handbook 2023, page 66.
This page reproduces text from the 2023 LCMS Handbook for study and navigation. Readers should verify procedural, legal, parliamentary, or governance questions against the official LCMS Handbook and appropriate LCMS authorities.
2.13.3.2 Such petition for removal of restricted status shall be addressed solely to
the Council of Presidents through the office of the President of the Synod.
The Council of Presidents shall rule on such petition within six months from the date of receipt.
(a) A hearing on the petition for removal of restricted status shall be conducted by a hearing panel consisting of three district presidents selected as follows:
(1) One district president selected by the petitioner.
(2) One district president selected by the district president who imposed restricted status (hereinafter referred to as the involved district president). The involved district president may not choose himself.
(3) A third district president selected by the other two hearing panel members. If the two hearing panel members cannot agree on the third hearing panel member, then such third member shall be chosen by blind draw from among the remaining district presidents.
(b) Upon receipt of a petition for removal of restricted status, the chairman of the Council of Presidents shall promptly notify the petitioner and the involved district president of their respective right to choose one hearing panel member and direct that the identity of their selection be transmitted to the chairman of the Council of Presidents within one month from the date of such notice. If either party declines to make a selection within such one-month period, such selection shall then be made by the chairman of the Council of Presidents.
(c) When two hearing panel members have so been chosen, the chairman of the Council of Presidents shall promptly notify them of their selection to the hearing panel and direct that they select the third member of the hearing panel and notify the chairman of the Council of their selection.
(d) After the hearing panel is constituted, it shall select one of its members as chairman, who shall then, after conferring with the petitioner and the involved district president, select a date and location where the hearing panel will consider the petition.
(e) The hearing before the panel shall be private, attended only by the parties and the witnesses who can substantiate the facts relevant to the matter in dispute. The panel shall establish the procedure to be followed in the hearing and the relevancy of evidence so that each party shall be given an opportunity fully to present its respective position.
(f) Upon completion of the hearing, the hearing panel shall deliberate and then issue its written decision within 60 days, a copy of which shall be mailed to the petitioner, the involved district president, and the chairman of the Council of Presidents.
(g) The decision of the hearing panel shall be the decision of the Council of Presidents and shall be final with no right of appeal.
