APPENDIX R - PROCEDURES FOR APPEALS AND REQUESTS
See rule 70. A national authority may change this appendix by prescription, but it shall not be changed by the notice of race or sailing instructions.
R1 APPEALS AND REQUESTS
Appeals, requests by protest committees for confirmation or correction
of their decisions, and requests for interpretations of the rules be made in compliance with this appendix.
R2 SUBMISSION OF DOCUMENTS
R2.1 To make an appeal,
(a) no later than 15 days after receiving the protest committee’s
written decision or its decision not to reopen a hearing, the
appellant shall send an appeal and a copy of the protest
committee’s decision to the national authority. The appeal shall
state why the appellant believes the protest committee’s decision
or its procedures were incorrect;
(b) when the hearing required by rule 63.1 has not been held within
30 days after a protest or request for redress was delivered, the appellant shall, within a further 15 days, send an appeal with a
copy of the protest or request and any relevant correspondence. The national authority shall extend the time if there is good reason to do so;
(c) when the protest committee fails to comply with rule 65, the appellant shall, within a reasonable time after the hearing, send an appeal with a copy of the protest or request and any relevant correspondence.
If a copy of the protest or request is not available, the appellant shall instead send a statement of its substance.
R2.2 The appellant shall also send, with the appeal or as soon as possible
thereafter, all of the following documents that are available to her:
(a) the written protest(s) or request(s) for redress;
(b) a diagram, prepared or endorsed by the protest committee,
showing the positions and tracks of all boats involved, the course
to the next mark and the required side, the force and direction of the wind, and, if relevant, the depth of water and direction and speed of any current;
(c) the notice of race, the sailing instructions, any other documents
governing the event, and any changes to them;
(d) any additional relevant documents; and
(e) the names, postal and email addresses, and telephone numbers
of all parties to the hearing and the protest committee chairman.
R2.3 A request from a protest committee for confirmation or correction of
its decision shall be sent no later than 15 days after the decision and
shall include the decision and the documents listed in rule R2.2. A
request for an interpretation of the rules shall include assumed facts.
R3 RESPONSIBILITIES OF NATIONAL AUTHORITY AND PROTEST COMMITTEE
Upon receipt of an appeal or a request for confirmation or correction,
the national authority shall send to the parties and protest committee copies of the appeal or request and the protest committee’s decision.
It shall ask the protest committee for any relevant documents listed in
rule R2.2 not sent by the appellant or the protest committee, and the
protest committee shall promptly send them to the national authority.
When the national authority has received them it shall send copies to
the parties.
R4 COMMENTS AND CLARIFICATIONS
R4.1 The parties and protest committee may make comments on the appeal or request or on any of the documents listed in rule R2.2 by sending
them in writing to the national authority.
R4.2 The national authority may seek clarifications of ruled,governing the event from organizations that are not parties to the hearing.
R4.3 The national authority shall send copies of comments and clarifications received to the parties and protest committee as
appropriate.
R4.4 Comments on any document shall be made no later than 15 days after receiving it from the national authority.
R5 INADEQUATE FACTS; REOPENING
The national authority shall accept the protest committee’s finding of
facts except when it decides they are inadequate. In that case it shall
require the committee to provide additional facts or other information,
or to reopen the hearing and report any new finding of facts, and the
committee shall promptly do so.
R6 WITHDRAWING AN APPEAL
An appellant may withdraw an appeal before it is decided by accepting
the protest committee’s decision.