Saturday 1 November 2008

RRoS 2005-08 Pt5d

APPEALS

70 APPEALS; CONFIRMATION OR CORRECTION OF DECISIONS; RULE INTERPRETATIONS
70.1 Provided that the right of appeal has not been denied under rule 70.4,
a party to a hearing may appeal a protest committee’s decision or its
procedures, but not the facts found, to the national authority of the
venue.
70.2 A protest committee may request confirmation or correction of its
decision.
70.3 A club or other organization affiliated to a national authority may
request an interpretation of the rules, provided that no protest or
request for redress that may be appealed is involved. The interpretation
shall not be used for changing a previous protest committee decision.
70.4 There shall be no appeal from the decisions of an international jury
constituted in compliance with Appendix N. Furthermore, if the
notice of race and the sailing instructions so state, the right of appeal
may be denied provided that
(a) it is essential to determine promptly the result of a race that will
qualify a boat to compete in a later stage of an event or a subsequent
event (a national authority may prescribe that its approval
is required for such a procedure);
(b) a national authority so approves for a particular event open only
to entrants under its own jurisdiction; or
(c) a national authority after consultation with the ISAF so approves
for a particular event, provided the protest committee is constituted
as required by Appendix N, except that only two members
of the protest committee need be International Judges.
70.5 Appeals and requests shall conform to Appendix F.

71 APPEAL DECISIONS
71.1 No interested party or member of the protest committee shall take
any part in the discussion or decision on an appeal or a request for
confirmation or correction.
71.2 The national authority may uphold, change or reverse the protest
committee’s decision; declare the protest or request for redress invalid;
or return the protest or request for the hearing to be reopened, or
for a new hearing and decision by the same or a different protest
committee.
71.3 When from the facts found by the protest committee the national
authority decides that a boat that was a party to a protest hearing
broke a rule, it shall penalize her, whether or not that boat or that rule
was mentioned in the protest committee’s decision.
71.4 The decision of the national authority shall be final. The national
authority shall send its decision in writing to all parties to the hearing
and the protest committee, who shall be bound by the decision.

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