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21. APPEALS 21.1 RIGHT TO APPEAL Any person, entrant, or organization named as a party to a protest or Chief Steward's Request for Action, shall have the right to appeal any decision or penalty imposed by the Stewards of the Meet (SOM). In addition, the Chief Steward of the event shall have the right to appeal any decision or penalty imposed. 21.2 JURISDICTION The Chairman of the Board of Directors, SCCA, Inc., will appoint a three (3) member Court of Appeals each year to review and render a final decision on any appeal filed under this section. It is the intent of these provisions to provide for resolution of differences before a Court composed of individuals with individual and collective expertise in racing matters. 21.3 JURISDICTION OF THE FIA A right to appeal to the FIA shall be recognized only if the dispute in question arises from competition listed on the FIA calendar, and if the appeal is brought before the ACCUS. 21.3.1. INTERNATIONAL EVENTS ACCUS has delegated to SCCA the authority to establish Courts of Appeal to settle disputes arising from International events sanctioned by SCCA. 21.3.2. FULL INTERNATIONAL EVENTS ACCUS will establish Courts of Appeal to settle disputes arising from Full International Events. 21.4. APPEALING AN ADVERSE RULING An appeal permitted under the GCR shall be started by filing a written notice of appeal with the SCCA, Inc., at its headquarters, or as provided in section 21.4.3. The notice of appeal shall specify the party making the appeal, shall state the decision or portion thereof appealed, shall explain the reason or reasons why the appeal should be decided in their favor, shall include all information the appellant wishes the Court to consider, and as applicable, which part(s) of the GCR, Category Specifications and/or Supplemental Regulations of an event, are considered to have been enforced in a manner that was not fair or equitable to the appellant. The Notice of Appeal shall be U.S. Government postmarked or registered with a carrier service (i.e., UPS, Federal Express, etc.) within ten (10) days after the announcement of the decision being appealed has been given to the appellant and shall include the appropriate appeal fee of $125.00, payable to SCCA, Inc. A minimum of $50.00 of the appeal fee will be retained by the SCCA on all appeals that are filed, unless otherwise determined by the Court of Appeals. An appeal properly started may be withdrawn, without penalty, by written notice to the SCCA, Inc., prior to start of the review of the appeal by the National Court of Appeals. Review of the appeal shall have started when members of the Court have physically received copies of the appeal and begin review at a regular session of the Court. 21.4.1. FINES, LICENSES, FINANCIAL OBLIGATIONS Fines imposed by the SOM, Chief Steward and/or suspended licenses shall be received by SCCA, Inc., before an appeal will be heard. When a Letter of Probation is issued, the competition license also must be surrendered to the SOM or Chief Steward, and then forwarded to SCCA, Inc. Any appeal received by SCCA, Inc., will not be heard until said license is received by SCCA, Inc. Any other financial obligation owed SCCA, Inc., or any of its chartered Regions, and duly reported to be in arrears to SCCA, Inc., shall be received by SCCA, Inc., before an appeal will be heard. 21.4.2. STAY OF DECISION An appeal filed on a penalty rendered by the SOM or other Court involving either a suspension of competition privileges or expulsion from the SCCA, will permit the appellant to enter and compete in subsequent races until the appellant's appeal has been decided and a decision announced by the Court of Appeals. The results and awards from these races shall be considered Provisional until the Court's ruling upholds or overturns the suspension or expulsion, at which time the Provisional Results and awards will be considered Final and Official. If the Court of Appeals ruling upholds the suspension or expulsion, the awards won by an appellant in races while awaiting the Court of Appeals ruling will be considered null and void. Race results for those events will be revised to entirely remove the appellant's name, and other information, from the Final and Official Results. 21.4.3. DUAL SANCTION WEEKENDS On a dual event weekend, (i.e., where more than one sanction number has been issued by Club Racing; Double Regional, National, Regional/National, or any other combination permitted), a party who has had their competition privileges suspended (per GCR 20.1.0.) may, by filing a Notice of Intent to Appeal together with the appeal fee with the Chairman of the Stewards of the Meet (SOM), be allowed to compete in the other event that weekend that is being conducted under a different sanction number than the one where the party was suspended. The notice of appeal shall be filed within ten days of the date the decision of the SOM was given to the appellant. THIS APPEAL CANNOT BE WITHDRAWN. The party may compete in subsequent events until the Court of Appeals renders its ruling. On a single event weekend, if a competitor's competition privileges are suspended by the SOM, that competitor is prohibited from further competition activities during that event from the time the decision is rendered. A notice of an Intent to Appeal at a single sanctioned event may not be accepted by the SOM for any reason at any time. 21.4.4. WELL FOUNDED APPEALS For an appeal to be considered well founded, it shall be based on sound evidence. Reasonable people may differ on the interpretation of the evidence. An appeal may be determined to be well founded even if the decision of the first Court remains unchanged by the Court of Appeals. 21.5. HEARING APPEALS All properly filed appeals (per GCR 21.4.) shall be heard by the Court. The Court will review the SCCA Official Observer's Report, the Notice of Appeal, containing all the evidence the appellant wishes the Court to consider; and will make any other inquiries it feels warranted, before making its decision. It may, at its discretion, require the appellant to submit any additional evidence it deems necessary for an equitable decision; hear directly evidence from any person deemed to have pertinent information or necessary data prior to making a decision; permit other parties to the decision under appeal to make written comments on the appellant's Notice of Appeal; and/or seek information from any source it desires. The Court of Appeals shall make every effort to make its final decision and render a decision on the appeal, within (30) days of its receipt of the Notice of Appeal. No member of the Court shall have taken part as a competitor or Official in the event in which the Court will render a decision, or shall have been directly or indirectly interested or involved in the matters under consideration. The Court shall determine the procedure for hearing an appeal which procedure shall not be subject to appeal. 21.6. JUDGMENT OF THE COURT OF APPEALS After considering all material it deems relevant, the Court of Appeals shall meet privately, reach its decision, and prepare a written opinion. It may decide that the penalty or other action of the SOMs or other body appealed from should be nullified, mitigated, affirmed, increased, or a different penalty imposed, but it shall not order a competition to be re-run. The Court of Appeals may order a rehearing by the original SOM committee at the Court's discretion. Penalties imposed by the Court of Appeals shall incur automatic penalty points outlined in 20.14.1. The Court may order the return or forfeiture of appeal fees or of stay bonds. The Court shall direct the disposition of protest fees and teardown bonds, if any, in those cases where the original Court's decision is nullified or otherwise changed. The Court's decision shall be final, binding and not subject to further appeals by any other party, either within the SCCA organization or outside the Club. 21.7. PUBLICATION AND EFFECT OF DECISION SCCA, Inc. will distribute a copy of the final decision of the Court to all parties of the appeal as soon as possible after the decision becomes final and will use its best efforts to publish said final decisions as soon as possible after finalization. Persons, entrants, or organizations referred to in each said decision shall have no right of action against SCCA, Inc., or any person publishing such notice, and said decision shall be final and binding. Any penalty of the Court shall be effective immediately or as stated in its decision. Penalties involving time, disqualification, suspension, or loss of points shall be made effective from the date of the conclusion of the event involved. 21.8. BAD FAITH APPEALS If the Court determines that the appellant has acted in bad faith or in a vexatious manner, it may deem such conduct a breach of the GCR and impose any penalty listed in section 20., for said breach. 21.9. APPEALS AFFECTING FINAL POINTS STANDINGS Notice of appeals affecting the National Championship points standings within a Division, including all evidence pertaining to the appeal, shall be U.S. Government Postmarked or registered with a national carrier service (i.e., UPS, Federal Express, etc), by the National Runoffs Entry deadline regardless of the time allowed by these rules to file the notice of appeal (Overnight mail or Fax is recommended). Runoff invitations to all parties named in or affected by the appeal will be held until the appeal has been finalized. An Intent to Appeal will not be accepted.
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