Fan Info - INDYCAR 101 - Rulebook - Chapter 10: Review

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IMPORTANT: The rulebook content below was released to all parties on January 16, 2018, and should be considered UNOFFICIAL. No in-season amendments or bulletins are reflected in the below copy. Please refer to the above PDF link for the updated rulebook.

10. REVIEW

10.1. Introduction

10.1.1. Except as expressly provided in these Rules, the exercise of judgment by Officials during an Event issuing a penalty or otherwise shall not be reviewed and the decision of Officials is final and binding. By submitting a membership application and in consideration of receiving the numerous benefits available, each Member agrees that the final and binding decisions of Officials are non-litigable. No court action of any kind may be taken by any Member. Further, there is no right of review or appeal of any INDYCAR decision or penalty to FIA and/or ACCUS-FIA and/or any other third party including the FIA International Court of Appeals and ACCUS-FIA National Court of Appeals, even if an Event is listed by ACCUS-FIA and/or another ASN on the FIA international calendar. By reason of membership in INDYCAR and/or participation in an Event, any Member waives any rights such Member may otherwise have to be a party or to take any action in court seeking legal or equitable relief against any decision or action of any kind by INDYCAR, the Officials, anyone acting on behalf of INDYCAR, the review facilitator and/or the appeal panel. Each Member acknowledges that participation in an Event by other Members is in part in reliance on this waiver. If a Member initiates or participates in litigation in violation of these Rules, all membership privileges may thereupon be suspended and Member is subject to the provisions of Rule 1.4 of these Rules.

10.2. When is a Review Permitted

10.2.1. Race Procedure penalties are not subject to review and appeal, except for (i) disqualification, (ii) suspension, (iii) probation, (iv) a monetary fine in excess of Ten Thousand and 00/100 Dollars ($10,000.00), (v) an award fine, and/or (vi) a point fine.

10.2.2. Non-Race Procedure penalties are subject to review and appeal, provided a review is permitted by the Rules and the request for review is in accordance with these Rules.

10.2.3. An applicant or Member may not request review of the existence or wording of a Rule and/or the non-imposition of a penalty.

10.3. Who May Request a Review

10.3.1. Only the Entrant submitting an Entry may request a review of the rejection of the Entry. Any Competitor who competes in any Event that is not in accordance with the published Entry form conditions waives the right to challenge the non-enforcement of such conditions.

10.3.2. Only the individual or entity submitting a license or membership application may request a review of a decision related to such application.

10.3.3. Only the Member receiving a penalty may request a review of the penalty of the Member.

10.3.4. If more than one Member is involved in the same violation of these Rules, each Member must submit a request for review.

10.3.5. If more than one Team is involved in the same violation of these Rules, each Team must submit a request for review.

10.4. Process to Request a Review

10.4.1. A request for review shall be in writing and include the following:

  1. Clearly state the errors claimed;
  2. Each claimed error must be stated in specific terms and must be accompanied by a written statement of the facts and grounds upon which it is based.
  3. Designate a single point of contact for the party requesting the review and contain the name, address, e-mail and telephone number for this person who will be the only point of contact concerning the review with respect to such party.

10.4.2. The request for review must be delivered to and received by INDYCAR within two (2) Business Days of issuance of the penalty or decision (not including the day the penalty or decision is issued) and sent via email to:

rules@indycar.com

10.4.3. A request for review shall be considered received only upon INDYCAR’s actual receipt of the request and INDYCAR’s email response to the sender confirming INDYCAR’s receipt. INDYCAR is not responsible for errors in electronic transmission and/or receipt of the request.

10.4.4. If INDYCAR decides a request for review does not adhere to these Rules, it may be dismissed and treated as if it were not submitted. If the two (2) Business Days have passed, a new request for review may not be submitted. If the two (2) Business Days have not passed, a new request for review may be submitted.

10.4.5. If INDYCAR decides a request for review adheres to these Rules, INDYCAR specifies an individual to serve as review administrator to assist the review party, INDYCAR and the review facilitator with any and all administrative aspects of the review. The review administrator is not involved in any substantive manner in the review. During the review process, the review administrator is the only point of contact for the review party, INDYCAR, and the review facilitator regarding the administrative aspects of the review process.

10.5. Review Process

10.5.1. The review will be conducted by a review facilitator. The review will be heard by a review facilitator comprised of one (1) of the following possible review facilitators:

Kevin Miller, Bill Baten, Vicki O’Connor, Billy Boat, Chris Paulsen, Bill Bock, Robin Pemberton, Frank Pulice, Dan Cotter, Buddy Rice, John Darby, Gary Roberts, Rollie Helmling, John Schneider, Victor Lechtenberg, Lyn St. James

10.5.1.1. Upon receipt of a request for review, the review administrator will notify each individual in the pool of the receipt of a request for review to confirm availability and identify any potential or actual conflicts of interest. The notice may include the general timing for a review, the names of the affected applicants or Member(s), and a brief description of the penalty or decision.

10.5.1.2. Within three (3) Business Days of INDYCAR's receipt of a request for review, INDYCAR shall provide in writing to the party requesting the review the names of three (3) review facilitators from the above list. INDYCAR shall determine the three (3) review facilitators based upon the type of penalty (e.g., technical regulation, sporting regulation); the particular specialization or expertise, availability and conflicts of interest of the review facilitators; and such other factors as may indicate the overall ability of the review facilitator to assist in the review.

10.5.1.3. Within one (1) Business Day of the party's receipt of the three (3) review facilitators from INDYCAR, the party requesting the review shall provide via email to the review administrator, the name of one (1) review facilitator. In the event there are multiple parties submitting a review for the same violation of these Rules, the party submitting the first request for review actually received by INDYCAR shall select the review facilitator for and on behalf of such party and all other parties requesting a review.

10.5.1.4. Within one (1) Business Day of INDYCAR's receipt of the one (1) review facilitator from the party requesting the review, INDYCAR shall provide in writing to the party requesting the review confirmation of the status of the review facilitator.

10.5.1.4.1. If INDYCAR confirms the review facilitator is available, INDYCAR shall decide upon an acceptable date for the review meeting.

10.5.1.4.2. If INDYCAR confirms it was unable to contact the review facilitator or INDYCAR contacted the review facilitator, but the review facilitator was unavailable or had a conflict of interest, the party requesting the review shall provide in writing to INDYCAR the name of an alternate one (1) review facilitator from the same list of three (3) facilitators initially provided within one (1) Business Day of receipt of INDYCAR's confirmation. If each of the three (3) individuals could not be contacted, were unavailable and/or had conflicts of interest, the review administrator will notify the party submitting the review in writing of INDYCAR’s three (3) alternate individuals in the pool. This process shall continue until such time as a review facilitator has been selected.

10.5.2. Once the review facilitator has been selected, the review administrator provides the review facilitator with the Rules and all applicable bulletins to date. Once the review facilitator has entered into the confidentiality agreement, the review administrator provides the review facilitator with non-public information and documents concerning the review.

10.5.3. The review facilitator must decide if the request for review adhered to the Rules.

10.5.4. If the review facilitator decides the request for review did not adhere to the Rules, the request for review may be dismissed, disregarded as having never been submitted, and the review facilitator may disallow any new submission of the same issue for review.

10.5.5. If the review facilitator decides the request for review adhered to these Rules, the review meeting will be conducted within ten (10) Business Days of the issuance of the penalty with the review meeting date during the time period to be determined by INDYCAR.

10.5.6. The review meeting will be conducted by a review facilitator at the INDYCAR offices located in Indianapolis, Indiana. If the parties and the review facilitator mutually agree, they may decide upon a location other than the INDYCAR offices in Indianapolis, Indiana and/or another location than Indianapolis, Indiana.

10.5.7. The review will take place in the form of a meeting conducted by the review facilitator. The review meeting will be either an in-person meeting or via telephone or video conference. In the event the parties and review facilitator cannot agree on whether the meeting will be in-person, via telephone or via video conference, the review shall be an in-person meeting. The review meeting will not proceed for more than a single day and will not be more than four (4) hours during this day, unless agreed to by the review facilitator and all parties.

10.5.8. The review meeting is not open to the public and admittance is limited to INDYCAR, the party/parties requesting the review and its/their representative(s), and the review facilitator. INDYCAR and the party/parties requesting the review may not appear at the review meeting through or accompanied by legal counsel. Within two (2) Business Days prior to the review meeting, INDYCAR and each party seeking a review shall provide the review facilitator with: i) the names, titles and contact information of all attendees to the review meeting and the purpose for which each will be present at the review meeting, and ii) a summary of its position not to exceed five (5) double spaced pages in length, not including supporting documentation. The total number of attendees at the review meeting is limited to three (3) per party. INDYCAR and each party requesting the review shall have at least one (1) attendee with full authority to reach a resolution of the penalty at the review meeting. The review facilitator does not exchange position summaries with the other parties and/or INDYCAR unless the parties and INDYCAR mutually agree.

10.5.9. The review meeting is limited to the issues raised in the written request(s) for review.

10.5.10. Except as otherwise provided in Rule 1.1.3.3., the review and all discussions, information and documents concerning the review and at the review meeting are confidential. The party/parties requesting the review and all present at the review meeting or in possession or control of such documents and information shall enter into a confidentiality agreement supplied by INDYCAR prior to the commencement of the review meeting. The review facilitator shall enter into the confidentiality agreement prior to receiving any information and documents concerning the review. Any party that does not timely enter into the confidentiality agreement provided by INDYCAR will not be permitted to participate in the review meeting and such party will no longer have a right to have the penalty reviewed and appealed.

10.5.11. Consistent with the informal and collaborative nature of the review meeting, there shall be no transcript or recording of the meeting and the review facilitator will determine the format. The review facilitator shall decide the number of sessions, whether they are joint or separate, and who will participate in each session, consistent with an opportunity for each participant to present their position and facilitate the resolution of the issue(s) presented.

10.5.12. At the conclusion of the review meeting:

The review facilitator shall provide her/his thoughts concerning the penalty and whether the penalty should be upheld, overturned or modified and, if modified, provide a recommended modification. Any decision or recommendation by the review facilitator as part of the review process is not binding upon INDYCAR or the party/parties requesting the review and is confidential and subject to the confidentiality agreement set forth in this Rule 10.

The review facilitator shall allocate the reasonable costs and expenses of the review facilitator amongst INDYCAR and each party submitting a review of the penalty. INDYCAR and each party submitting a review shall bear their own fees, costs and expenses.

10.5.13. During the review meeting and through the conclusion of the appeal process, if applicable, the review facilitator shall not be employed by or on behalf of or otherwise affiliated in any other capacity with INDYCAR and/or any of the parties to the review and/or appeal; however, the review facilitator may continue to serve in his/her capacity as a review facilitator and/or appeal panel member for other requests for review and/or appeal.

10.5.14. During the review process, the review facilitator must strive to uphold the integrity of INDYCAR, the IndyCar Series, and the Events. At all times, the review facilitator must be professional, courteous, and independent.

10.5.14.1. The review facilitator has a duty to disclose any potential or actual conflicts of interest that may exist or arise with regards to any of the review participants.

10.5.14.2. Any appearance of impropriety will not be allowed and may result in removal of a review facilitator from a review and/or from the list of possible review facilitators in these Rules.

10.5.14.3. The review facilitator should refer any media inquiries to the review administrator.

10.5.14.4. The review facilitator must thoroughly review the submissions and familiarize himself/herself with the issues during the review; however, the review facilitator must not perform any independent review or research and/or communicate in any manner about the subject matter of the review by or amount any of the review participants outside of the review process. The review facilitator is expected to vigorously apply the facts of the Rules in order to reach a thorough, thoughtful, and fair decision.

10.5.15. After the conclusion of the review meeting, the review facilitator shall destroy any and all notes, records and/or other electronic and hard copy documents received regarding the review.

10.5.16. Within two (2) Business Days of the review meeting, INDYCAR and each party submitting review shall pay the review facilitator their respective share of the review facilitator costs and expenses.

10.6. Compliance with Procedures

10.6.1. Any request for review that fails to comply with any of the foregoing requirements will be dismissed with prejudice and disregarded as having never been submitted. Any error not specifically raised in the request for review is waived.