DISPUTE RESOLUTION An Important Piece of IFTA

THE NEW PROCESS Streamlined Dispute Resolution Committee Appeal to IFTA, Inc. Board of Trustees

A STREAMLINED PROCESS Not Paper-Driven

WHAT’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 Except Complaint Filings by Fax or Except Complaint

Quicker 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

DISPUTE RESOLUTION COMMITTEE The DRC – A New Hearing Body

DRC RESPONSIBILITIES 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

DRC 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 (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 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.

TERMS 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.

RECUSAL 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 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 Penalties 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 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

Appeals Process A New Provision

How 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 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?