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Dispute Resolution Committee (DRC)

Dispute Resolution Committee (DRC). Debora K. Meise for Ed King, Chair DRC IFTA Managers’ And Law Enforcement/Seminar September 9 -11, 2009 Durham, NC. 1. Facilitate dispute resolution in a fair, impartial, efficient and expeditious manner.

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Dispute Resolution Committee (DRC)

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  1. Dispute Resolution Committee (DRC) Debora K. Meise for Ed King, Chair DRC IFTA Managers’ And Law Enforcement/Seminar September 9 -11, 2009 Durham, NC 1

  2. Facilitate dispute resolution in a fair, impartial, efficient and expeditious manner. Review the dispute resolution process and procedures and recommend changes to the board. The Purpose of the Committee 2

  3. Two (2) committee members from each of the five (5) geographic regions of the IFTA, Inc. Bylaws. Each committee member must be a jurisdiction IFTA commissioner or assistant commissioner DRC MEMBERSHIP • (2) industry advisors to participate as non-voting members of the Committee. Such appointments will be made after recommendation by the Industry Advisory Committee 3

  4. The Board shall also appoint a Chair who will be a voting member of the committee. The Chair will be in addition to the other voting members. The Board shall also appoint a Vice-Chair from the committee members from the five (5) geographic regions. DRC MEMBERSHIP… 4

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  6. Committee Members – Two-year terms – may serve up to three (3) consecutive terms Chair and Vice Chair – One-year terms – may be re-appointed. TERMS AND QUORUM • Seven (7) voting members shall constitute a quorum of the Committee to conduct business. 6

  7. A committee member from a jurisdiction that is a party to a dispute will be excused from participation to avoid a conflict of interest. A committee member must inform the Chair of any other potential conflict of interest. The Chair will then determine whether or not the committee member will be excused. If the Chair has a conflict of interest, then the Vice Chair must be notified and will make a final determination. RECUSAL 7

  8. The Committee has complete discretion in all matters that come before it The Committee will conduct a hearing or review written submissions Following a hearing or review, the Committee has sixty (60) days to issue Findings of Fact and Conclusions and Disposition The DRC and The Process 8

  9. The DRC may impose prescribed penalties Failure to comply by prescribed date – immediate loss of voting power and Board and standing committee seats Failure to comply within 60 days of loss of voting power – membership dues double Failure to comply within one year of loss of voting power – triple dues and an expulsion resolution may be issued Imposing Penalties 9

  10. Appeals Process 10

  11. A party may make a motion to appeal to the IFTA, Inc. Board of Trustees No appeal will be heard without a vote to accept the appeal. If the motion passes, the Board will review the matter at the next Board meeting The appeal shall be a review of the initial record How to Appeal 11

  12. The appellant is responsible for all costs including a certified transcript of the original proceeding. The Board shall issue its decision within 45 days Costs and Decision 12

  13. DRC Committee Projects Held NV v PA Dispute Hearing on October 21, 2008 DRC Findings issued December 19, 2008 IFTA Board Decision on motions for appeal issued June 4, 2009 In August 28, 2009, DRC submitted its observations and recommendation to the IFTA Board based on the NV v PA Dispute Currently drafting a New Committee Member Guide Conference calls held every other month 13

  14. Questions 14

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