Competitor Bulletin

ARTICLE 10 APPEALS

An Entrant or Driver may file a first appeal against a judgment affecting him/her and imposed by the Race Director of an event, provided the appellant first gives notice written of his/her intention to appeal to the Race Director within an hour of the announcement of the first judgment and he/she is a current SPORTS CAR member. The SPORTS CAR Appeal Review Board is responsible for the orderly administration of first appeals.

10.1 EFFECT

Giving notice of intention to appeal will not affect any penalty or judgment being appealed. SPORTS CAR, however, may withhold payment of any prizes or point awards which may be affected pending the outcome of the appeal.

10.2 FORM

Appeals must be made in writing, signed by the appellant personally, and accompanied by the appeal fee. First appeals must be received by the Race Director within one hour of the notice of intention to appeal, accompanied by a $3,000.00 first appeal fee. Notice of Final appeal must be received at SPORTS CAR headquarters in Clearwater, Florida within ten (10) days of the announcement of the first appeal judgment, accompanied by a final appeal fee of $3,000.00.

10.3 HEARING

10.3.1 First appeals shall be administered by the SPORTS CAR Appeal Review Board. The SPORTS CAR Managing Director shall appoint the Chairman of the Appeal Review Board and two other (unbiased) additional members for the specific appeal to be heard. The Appeal Review Board shall meet at such place and at such time made to administer the appeal during the event if possible.

10.3.2 The Board will establish the most appropriate procedure for hearing a particular appeal, and shall inform the parties of the procedure prior to the hearing. In conducting a hearing and deciding an appeal, the Board shall not be bound by technical or formal rules of evidence or procedure, but shall conduct its proceedings in the manner best suited to ascertaining the relevant facts and the merits of the parties’ positions. Members may appear in person at hearings before the Board (but not through a representative or attorney).

10.3.3 All appeals shall be docketed when received and shall be set for hearing at an appropriate time and place as decided by the Chairman.

10.3.4 The Board may summon, either orally or in writing and at its sole discretion, any SPORTS CAR member to testify at a hearing. Any member who is summoned to testify and refuses to appear may be subject to disciplinary action as deemed appropriate by SPORTS CAR.

10.3.5 In the event a Board Member is involved in the appeal, the Board Member shall disqualify him/herself from participating as a Board Member on the appeal Board and the remaining Board Members shall select a replacement.

10.3.6 A majority of the Members of the Board present must concur to modify any penalty or determine any appeal. If the Board fails to agree on action to be taken on an appeal, the appeal shall be referred to the SPORTS CAR Commissioner (see Article 10.6) for decision.

10.3.7 If the Board determines that the proceedings in respect to any appeal have been instituted or continued without reasonable grounds, the cost of such proceedings shall be assessed against the SPORTS CAR member who instituted or continued such proceedings.

10.3.8 The appellant may file a final appeal against a judgment affecting him/her imposed by the SPORTS CAR Appeal Review Board within ten (10) days of the announcement.

10.3.9 Final appeals shall be administered by the SPORTS CAR Commissioner who shall determine whether a final appeal shall be considered.

10.3.10 If the Commissioner decides that a final appeal should be considered, he, in his sole discretion, shall determine and notify the appellant of the procedures. The Commissioner may consider the appeal alone or may name a Final Court of Appeal.

10.3.11 The Commissioner may decide the appeal based upon a submitted written appeal alone, or may hold a hearing. If a hearing is held, the Commissioner, in his sole discretion, shall set and notify the appellant of the hearing procedures, provided that the appellant, at its own expense and without representation (unless otherwise allowed by the Commissioner) shall be allowed a reasonable opportunity to present relevant evidence and call witnesses.

10.3.12 The Commissioner shall render a judgement in accordance with Article 10.4 and this judgement shall be final and binding. The Commissioner shall prepare for SPORTS CAR a written report of the judgement.

10.4.1 The Appeal Review Board, (or in the case of a final appeal, the Commissioner and/or the appointed Final Court of Appeal) may affirm or reverse a judgment entered by the Race Director (or in the case of a final appeal, the judgment of the Appeal Review Board) including, but not limited to reducing or increasing a previously imposed penalty and/or assessing a new or different penalty and will also determine the disposition of the appeal fee(s).

10.4.3 SPORTS CAR shall have the right, without recourse brought against it or its publisher, to publish any judgment of the Race Director, the Appeal Review Board, the Commissioner or a Final Court of Appeal including publication of the names of the involved parties.

SPORTS CAR may penalize the originator of an appeal judged to be malicious, spiteful or who otherwise acts in bad faith.



2001 SPORTS CAR Code -- Article X: Appeals
ARTICLE 10 APPEALS An Entrant or Driver may file a first appeal against a judgment affecting him/her and imposed by the Race Director of an event, provided the appellant first gives notice written of his/her intention to appeal to the Race Director within an hour of the announcement of the first judgment and he/she is a current SPORTS CAR member. The SPORTS CAR Appeal Review Board is responsible for the orderly administration of first appeals. 10.1 EFFECT Giving notice of intention to appeal will not affect any penalty or judgment being appealed. SPORTS CAR, however, may withhold payment of any prizes or point awards which may be affected pending the outcome of the appeal. 10.2 FORM Appeals must be made in writing, signed by the appellant personally, and accompanied by the appeal fee. First appeals must be received by the Race Director within one hour of the notice of intention to appeal, accompanied by a $3,000.00 first appeal fee. Notice of Final appeal must be received at SPORTS CAR headquarters in Clearwater, Florida within ten (10) days of the announcement of the first appeal judgment, accompanied by a final appeal fee of $3,000.00. 10.3 HEARING 10.3.1 First appeals shall be administered by the SPORTS CAR Appeal Review Board. The SPORTS CAR Managing Director shall appoint the Chairman of the Appeal Review Board and two other (unbiased) additional members for the specific appeal to be heard. The Appeal Review Board shall meet at such place and at such time made to administer the appeal during the event if possible. 10.3.2 The Board will establish the most appropriate procedure for hearing a particular appeal, and shall inform the parties of the procedure prior to the hearing. In conducting a hearing and deciding an appeal, the Board shall not be bound by technical or formal rules of evidence or procedure, but shall conduct its proceedings in the manner best suited to ascertaining the relevant facts and the merits of the parties’ positions. Members may appear in person at hearings before the Board (but not through a representative or attorney). 10.3.3 All appeals shall be docketed when received and shall be set for hearing at an appropriate time and place as decided by the Chairman. 10.3.4 The Board may summon, either orally or in writing and at its sole discretion, any SPORTS CAR member to testify at a hearing. Any member who is summoned to testify and refuses to appear may be subject to disciplinary action as deemed appropriate by SPORTS CAR. 10.3.5 In the event a Board Member is involved in the appeal, the Board Member shall disqualify him/herself from participating as a Board Member on the appeal Board and the remaining Board Members shall select a replacement. 10.3.6 A majority of the Members of the Board present must concur to modify any penalty or determine any appeal. If the Board fails to agree on action to be taken on an appeal, the appeal shall be referred to the SPORTS CAR Commissioner (see Article 10.6) for decision. 10.3.7 If the Board determines that the proceedings in respect to any appeal have been instituted or continued without reasonable grounds, the cost of such proceedings shall be assessed against the SPORTS CAR member who instituted or continued such proceedings. 10.3.8 The appellant may file a final appeal against a judgment affecting him/her imposed by the SPORTS CAR Appeal Review Board within ten (10) days of the announcement. 10.3.9 Final appeals shall be administered by the SPORTS CAR Commissioner who shall determine whether a final appeal shall be considered. 10.3.10 If the Commissioner decides that a final appeal should be considered, he, in his sole discretion, shall determine and notify the appellant of the procedures. The Commissioner may consider the appeal alone or may name a Final Court of Appeal. 10.3.11 The Commissioner may decide the appeal based upon a submitted written appeal alone, or may hold a hearing. If a hearing is held, the Commissioner, in his sole discretion, shall set and notify the appellant of the hearing procedures, provided that the appellant, at its own expense and without representation (unless otherwise allowed by the Commissioner) shall be allowed a reasonable opportunity to present relevant evidence and call witnesses. 10.3.12 The Commissioner shall render a judgement in accordance with Article 10.4 and this judgement shall be final and binding. The Commissioner shall prepare for SPORTS CAR a written report of the judgement. 10.4 APPEAL DISPOSITION AND PUBLICATION 10.4.1 The Appeal Review Board, (or in the case of a final appeal, the Commissioner and/or the appointed Final Court of Appeal) may affirm or reverse a judgment entered by the Race Director (or in the case of a final appeal, the judgment of the Appeal Review Board) including, but not limited to reducing or increasing a previously imposed penalty and/or assessing a new or different penalty and will also determine the disposition of the appeal fee(s). 10.4.2 Any appellate judgment may not order a competition to be rerun. 10.4.3 SPORTS CAR shall have the right, without recourse brought against it or its publisher, to publish any judgment of the Race Director, the Appeal Review Board, the Commissioner or a Final Court of Appeal including publication of the names of the involved parties. 10.5 MALICIOUS APPEALS SPORTS CAR may penalize the originator of an appeal judged to be malicious, spiteful or who otherwise acts in bad faith. Table of Contents Article 9 / Article 11

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