翻訳/FIRST Sporting Code/9. Appeals

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9. Appeals

9.1. Right to Appeal

9.1.1.

Any member assessed a penalty or named as a party to a protest, shall have the right to appeal any decision or penalty imposed by the FIRST Chief Steward, the FIRST Competition Board, iRacing.com or FIRST.

9.1.2.

All iRacing.com members are afforded one free appeal for each 12-week racing season. FIRST reserves the right to charge members an administration fee for additional appeals.

9.2. Jurisdiction

9.2.1.

The Chairman of FIRST will appoint a three-member Appeals Committee (and one alternate to serve in the event that one of the primary members is unavailable) each year to review and render a final decision on any appeals filed.

9.3. Well-Founded Appeals

9.3.1.

To be considered by the Appeals Committee, an appeal must be well-founded. An appeal shall be reasonable, logical and based on sound evidence, though reasonable people may differ on the interpretation of the evidence.

9.3.2.

Regardless of the outcome of any adjudication, the Appeals Committee may deem an appeal to be frivolous if it is found by the Appeals Committee not to be reasonable, logical and based on sound evidence. FIRST reserves the right to assess a penalty to any member filing a frivolous appeal.

9.4. Hearing Appeals

9.4.1.

All properly filed appeals shall be reviewed by the Appeals Committee. It may at its discretion, require the appellant to submit any additional evidence it deems necessary for an equitable decision; hear direct evidence from a person deemed to have pertinent information or data; or seek information from any source it desires. The Appeals Committee shall make every effort to render its final decision within 30 days of its receipt of the Notice of Appeal.

9.5. Initiating an Appeal

9.5.1.

Appeals must be made in writing, specifically asking for an appeal, specifying the exact nature of the appeal and why it is believed an appeal is warranted, along with all evidence to support the appeal. Written appeals must be addressed to “Appeals Committee-iRacing” and submitted to Appeal@iRacing.com. This is the only place to formally make an appeal. Appeals must be submitted within seven days of the penalty or decision being appealed. Any evidence, data, recordings or third party accounts are welcome and encouraged to be submitted with appeal. “Intent to Appeal” or other informal appeals of any kind will not be accepted.

9.5.2.

Below is an example of a properly formatted Appeal:



Case #: CAS-2816-XSWYLN
Sporting Code Section: 4.1.3.1
Driver: Joe Smith
Grounds for and Description of Appeal:
I feel the wrong decision was made in this case because ...
Accompanying Attachments:
chat_text.jpg

9.6. Bad Faith Appeal

9.6.1.

If the Appeals Committee determines that the appellant has acted in bad faith or in an harassing manner, it may deem such conduct a breach of the Sporting Code and impose a penalty as listed above.

9.7. Notification and Final Appeal Decision

9.7.1.

The Appeals Committee will notify the appellant of its final decision as soon as possible after the decision is rendered. iRacing.com and FIRST shall also have the right to publish the appeal to other or all iRacing.com members. Members or any persons shall have no right of action against the Appeals Committee, iRacing.com or FIRST. The final appeal decision shall be final and binding with no other right to appeal.

9.7.2.

All iRacing.com members expressly agree not to initiate or maintain claims, suits or actions of any kind, including without limitation arbitration proceedings, against iRacing.com, FIRST or anyone acting on behalf of these organizations, with respect to any final appeal decision.

9.7.3.

All iRacing.com members expressly agree that if any member initiates or maintains any claim, suit or action in violation of the above provision, that member will reimburse iRacing.com for all costs and expenses relating to the claim, suit or action, including attorneys’ fees, and that such amount represents damages and not a penalty against the member.