DISPUTE RESOLUTIONDISPUTE RESOLUTIONAn Important Piece of IFTAAn Important Piece of IFTA

THE NEW PROCESSTHE NEW PROCESS

StreamlinedStreamlined

Dispute Resolution CommitteeDispute Resolution Committee

Appeal to IFTA, Inc. Board of TrusteesAppeal to IFTA, Inc. Board of Trustees

A STREAMLINED PROCESSA STREAMLINED PROCESSNot Paper-DrivenNot Paper-Driven

WHAT’S NEWWHAT’S NEW

No Pre-Complaint Process Before a member jurisdiction or an IFTA

licensee may bring a Complaint against a member jurisdiction, the parties shall make good-faith attempts to resolve their dispute. A good faith attempt includes both parties taking steps to resolve their differences and settle the matter prior to bringing a Complaint.

No Pre-Complaint Process Before a member jurisdiction or an IFTA

licensee may bring a Complaint against a member jurisdiction, the parties shall make good-faith attempts to resolve their dispute. A good faith attempt includes both parties taking steps to resolve their differences and settle the matter prior to bringing a Complaint.

Filings by Fax or E-mail Except Complaint

Filings by Fax or E-mail Except Complaint

Quicker ProcessQuicker Process

A hearing date, if requested, will be set within 30 days of receipt of the Complaint and Answer.This doesn’t mean the hearing has to

be held within 30 days, but it must be scheduled

A hearing date, if requested, will be set within 30 days of receipt of the Complaint and Answer.This doesn’t mean the hearing has to

be held within 30 days, but it must be scheduled

No limitations on when and where a hearing will take place

No limitations on when and where a hearing will take place

DISPUTE RESOLUTION COMMITTEEDISPUTE RESOLUTION COMMITTEEThe DRC – A New Hearing BodyThe DRC – A New Hearing Body

DRC RESPONSIBILITIESDRC RESPONSIBILITIES

Facilitating resolution of disputes between member jurisdictions, and between member jurisdictions and licensees

Facilitating resolution of disputes between member jurisdictions, and between member jurisdictions and licensees

Reviewing IFTA’s Dispute Resolution Process and procedures and recommending changes to the Board, as necessary

Reviewing IFTA’s Dispute Resolution Process and procedures and recommending changes to the Board, as necessary

DRC MEMBERSHIPDRC MEMBERSHIP

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

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

(2) industry advisors to participate as non-voting members of the Committee. Such appointments will be made after recommendation by the Industry Advisory Committee

(2) industry advisors to participate as non-voting members of the Committee. Such appointments will be made after recommendation by the Industry Advisory Committee

DRC MEMBERSHIPDRC MEMBERSHIP

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.

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.

TERMS AND QUORUMTERMS AND QUORUM

Committee Members – Two-year terms – may serve up to three (3) consecutive terms

Chair and Vice Chair – One-year terms – may be re-appointed.

Committee Members – Two-year terms – may serve up to three (3) consecutive terms

Chair and Vice Chair – One-year terms – may be re-appointed.

Seven (7) voting members shall constitute a quorum of the Committee to conduct business.

Seven (7) voting members shall constitute a quorum of the Committee to conduct business.

RECUSALRECUSAL

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.

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.

The DRC and The ProcessThe DRC and The Process

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 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

Imposing PenaltiesImposing Penalties

The DRC may impose prescribed penaltiesFailure 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

The DRC may impose prescribed penaltiesFailure 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

Appeals ProcessAppeals ProcessA New ProvisionA New Provision

How to AppealHow to Appeal

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

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

Costs and DecisionCosts and Decision

The appellant is responsible for all costs including a certified transcript of the original proceeding.

The Board shall issue its decision within 45 days

The appellant is responsible for all costs including a certified transcript of the original proceeding.

The Board shall issue its decision within 45 days

QUESTIONS?QUESTIONS?