RRoS 2005-08 Pt5b

HEARINGS AND DECISIONS

63 HEARINGS
63.1 Requirement for a Hearing
A boat or competitor shall not be penalized without a protest hearing, except as provided in rules 30.2, 30.3, 67, 69, A5 and P2. A decision on redress shall not be made without a hearing. The protest committee shall hear all protests and requests for redress that have been delivered to the race office unless it allows a protest or request to be withdrawn.
63.2 Time and Place of the Hearing
Time for Parties to Prepare All parties to the hearing shall be notified of the time and place of the hearing, the protest or redress information shall be made available to them, and they shall be allowed reasonable time to prepare for the hearing.
63.3 Right to Be Present
(a) The parties to the hearing, or a representative of each, have the right to be present throughout the hearing of all the evidence. When a protest claims a breach of a rule of Part 2, 3 or 4, the representatives of boats shall have been on board at the time of the incident, unless there is good reason for the protest committee to rule otherwise. Any witness, other than a member of the protest committee, shall be excluded except when giving evidence. (b) If a party to the hearing does not come to the hearing, the protest committee may nevertheless decide the protest or request for redress. If the party was unavoidably absent, the committee may reopen the hearing.
63.4 Interested Party
A member of a protest committee who is an interested party shall not take any further part in the hearing but may appear as a witness. A party to the hearing who believes a member of the protest committee is an interested party shall object as soon as possible.
63.5 Validity of the Protest or Request for Redress
At the beginning of the hearing the protest committee shall decide whether all requirements for the protest or request for redress have been met, after first taking any evidence it considers necessary. If all requirements have been met, the protest or request is valid and the hearing shall be continued. If not, it shall be closed. If the protest has been made under rule 60.3(a)(1), the protest committee shall also determine whether or not injury or serious damage resulted from the incident in question. If not, the hearing shall be closed.
63.6 Taking Evidence and Finding Facts
The protest committee shall take the evidence of the parties to the hearing and of their witnesses and other evidence it considers necessary. A member of the protest committee who saw the incident may give evidence. A party to the hearing may question any person who gives evidence. The committee shall then find the facts and base its decision on them.
63.7 Conflict between Rules
If there is a conflict between a rule in the notice of race and one in the sailing instructions that must be resolved before the protest committee can decide a protest or request for redress, the committee shall apply the rule that it believes will provide the fairest result for all boats affected.
63.8 Protests between Boats in Different Races
A protest between boats sailing in different races conducted by different organizing authorities shall be heard by a protest committee acceptable to those authorities.

64 DECISIONS
64.1 Penalties and Exoneration
(a) When the protest committee decides that a boat that is a party to a protest hearing has broken a rule, it shall disqualify her unless some other penalty applies. A penalty shall be imposed whether or not the applicable rule was mentioned in the protest. (b) When as a consequence of breaking a rule a boat has compelled another boat to break a rule, rule 64.1(a) does not apply to the other boat and she shall be exonerated. (c) If a boat has broken a rule when not racing, her penalty shall apply to the race sailed nearest in time to that of the incident.
64.2 Decisions on Redress
When the protest committee decides that a boat is entitled to redress under rule 62, it shall make as fair an arrangement as possible for all boats affected, whether or not they asked for redress. This may be to adjust the scoring (see rule A10 for some examples) or finishing times of boats, to abandon the race, to let the results stand or to make some other arrangement. When in doubt about the facts or probable results of any arrangement for the race or series, especially before abandoning the race, the protest committee shall take evidence from appropriate sources.
64.3 Decisions on Measurement Protests
(a) When the protest committee finds that deviations in excess of tolerances specified in the class rules were caused by damage or normal wear and do not improve the performance of the boat, it shall not penalize her. However, the boat shall not race again until the deviations have been corrected, except when the protest
committee decides there is or has been no reasonable opportunity to do so. (b) When the protest committee is in doubt about the meaning of a measurement rule, it shall refer its questions, together with the relevant facts, to an authority responsible for interpreting the rule. In making its decision, the committee shall be bound by the reply of the authority. (c) When a boat disqualified under a measurement rule states in writing that she intends to appeal, she may compete in subsequent races without changes to the boat, but shall be disqualified if she fails to appeal or the appeal is decided against her. (d) Measurement costs arising from a protest involving a measurement rule shall be paid by the unsuccessful party unless the protest committee decides otherwise.

65 INFORMING THE PARTIES AND OTHERS
65.1 After making its decision, the protest committee shall promptly inform the parties to the hearing of the facts found, the applicable rules, the decision, the reasons for it, and any penalties imposed or redress given.
65.2 A party to the hearing is entitled to receive the above information in writing, provided she asks for it in writing from the protest committee within seven days of being informed of the decision. The committee shall then promptly provide the information, including, when relevant, a diagram of the incident prepared or endorsed by the committee.
65.3 When the protest committee penalizes a boat under a measurement rule, it shall send the above information to the relevant measurement authorities.

66 REOPENING A HEARING
The protest committee may reopen a hearing when it decides that it may have made a significant error, or when significant new evidence becomes available within a reasonable time. It shall reopen a hearing when required by the national authority under rule F5. A party to the hearing may ask for a reopening no later than 24 hours after being informed of the decision. When a hearing is reopened, a majority of
the members if the protest committee shall, if possible, be members of the original protest committee.

67 RULE 42 AND HEARING REQUIREMENT
When so stated in the sailing instructions, the protest committee may penalize without a hearing a boat that has broken rule 42, provided that a member of the committee or its designated observer has seen the incident, and a disqualification under this rule shall not be excluded from the boat’s series score. A boat so penalized shall be informed by notification in the race results.

68 DAMAGES
The question of damages arising from a breach of any rule shall be governed by the prescriptions, if any, of the national authority.