Official Handbook Source Text
Handbook page 76
Source: LCMS Handbook 2023, page 76.
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) The request for an opinion must be made within 30 days of the final formation of the panel. If a party to the matter does not request such an opinion within the designated time, such a request may still be made to the panel, which shall, at its discretion, determine whether the request shall be forwarded. The panel shall also have the right, at any time, to request an opinion from the CCM or the CTCR.
(3) Any opinion so requested shall be rendered within 30 days or such greater time as the panel may allow. The CCM and the CTCR shall have in place procedures for responding within this 30 -day time frame to such requests for opinions.
(4) When an opinion has been requested, the time limitations will not apply until the parties to the matter have received the opinion.
The panel must follow any opinion received from either the CCM or the CTCR.
(5) An individual member of the panel may, through the hearing facilitator, also request resource materials and personal assistance from the executive director of the CTCR or from a theologian recommended by the executive director, this to provide an opportunity to read about, discuss with a knowledgeable person, and better comprehend doctrina l matters associated with the suspension. The suspension case itself shall not be discussed.
2.14.7.9 Upon completion of the hearing, the Hearing Panel shall deliberate and
then issue its written decision within 30 days.
(a) Copies of the decision shall be mailed to the accused, the suspending ecclesiastical supervisor , the accuser and his/her district president, the Secretary of the Synod, and the President of the Synod.
(b) The decision of the Hearing Panel shall be subject to appeal by the accused, the suspending ecclesiastical supervisor , or the President of the Synod (as provided in Bylaw 2.14.8).
(c) The President of the Synod may request an opinion from the Commission on Constitutional Matters (CCM) or the Commission on Theology and Church Relations (CTCR).
(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, time limitations will not apply until the parties to the matter have received the opinion.
(3) CCM and CTCR opinions must be followed if the matter is appealed.
(d) If not appealed, the decision of the Hearing Panel shall be regarded as final and shall
(1) be binding upon the parties to the matter and not be subject to further appeal;
(2) have no precedential value;
(3) be carried out by the district president or the President of the Synod; and
(4) be publicized as deemed appropriate under the circumstances by the district president or the President of the Synod.
