World Racing Group has established an independent Board to hear and review any penalty determination by MEMBER drivers and owners in a sanctioned event, that has been deemed appropriate for appeal. Only DIRTcar licensed MEMBERS in Good Standing during the current calendar year have the right to appeal.

A. Jurisdiction

a. The DIRTcar Member Appeal Commission may hear appeals of any penalty determination made pursuant to any of the World Racing Group rulebooks.
b. Only the Member, as the named party to the penalty, shall be able to make a written request for an action to the DIRTcar Member Appeal Commission.

i. Requests, Appeals, Demands, or correspondence from third parties or any other person, entity, agent, or representative, that is not the named Member as identified in the Penalty Notice, shall not be accepted except as presentation within the administrative hearing process.
ii. If a third party submits an appeal request it will subsequently be denied and not be considered as a request.
iii. The written appeal must be received within 7 calendar days of the issuance of the penalty.
iv. A $250 non-refundable hearing fee must accompany the written request

c. The written request and the scheduled fee must be hand delivered via an international recognized courier (the Appellant must obtain and retain a receipt showing the date of deposit with courier) to the following for the appeal hearing to be processed:

i. C/O – DIRTcar Member Appeal Commissioner
   World Racing Group
   7575-D West Winds Blvd.
   Concord, NC 28027

d. Electronically, verbally, or any other type of appeal, including without limitations, faxes, e-mails, and voicemails will not be accepted and processed as an official appeal to the World Racing Group Appeal and Rules Commission

B. Commission Members

a. The Chairman of the Commission will be appointed upon approval of the Board of Directors of the World Racing Group. The Chairman shall be an administrative member and will designate an alternate Chairman who shall, in the event of death, retirement, or incapacity of the Chairman, perform the duties of the Chairman until the Board of Directors of the World Racing Group appoints a new Chairman or the Chairman is able to resume his/her duties.
b. From time-to-time Commission Members may vacate the board, be added and/or adjusted at the discretion of the DIRTcar Member Appeal Commission Chairman.

i. Commission Members

1. Jeff Nuckles
2. Cory Reed
3. Paul Kirkland
4. John Darby
5. Bob Sargent
6. Erica Bicknell
7. Eric Huenefeld
8. Scott Woodhouse
9. Steve York
10. Larry Kemp
11. Daniel Grill
12. Pete Chuckta
13. Alan Kreitzer
14. Rollie Helmling
15. Scott Boyd
16. Gregg McKarns
17. Mark Mockovak

C. Meetings

a. The Commission shall meet at such places and at such times as are necessary for the efficient and prompt disposition of its business. Three (3) members, including the Chairman, constitute a quorum. Meetings may take place with members participating via telephone, teleconference, videoconference, computer conference, in person and/or any other forum as designated by the Chairman.

D. Hearing Procedures

a. In order for an appeal to be presented to the DIRTcar Member Appeal Commission, the appellant must have standing to appeal. Any decision determined as non-appealable and final during any sanctioned event by Officials employed and/or contracted by the World Racing Group will be considered as a final decision that is non-appealable. Standing is defined as subject matter that is being appealed is not precluded by any Rules as set forth by the sanctioning body and/or specific event and that the appellant has actually been penalized by a decision that is specifically issued to the appellant.
b. The DIRTcar Member Appeal Commission will establish and communicate the most appropriate procedure and/or manner for hearing any particular appeal and shall inform all involved parties how to proceed prior to the hearing. Members/appellants may appear in person at hearings before the Commission (but not through a representative or attorney).
c. When conducting a hearing and deciding an appeal, the DIRTcar Member Appeal Commission shall not be bound by technical or formal rules of evidence and/or procedure, except as otherwise provided herein, but shall conduct its proceedings in the manner best suited to establishing the relevant facts and the merits of the parties’ positions.
d. Unless contacted by a member of the Commission, the appellant, any competitor, the car owner, car sponsor and/or any other representative(s) involved, may not discuss the subject matter of the appeal hearing with any Commission Member, including the Chairman, outside of the hearing.
e. All appeals shall be docketed when received via courier to the Chairman of the DIRTcar Member Appeal Commission and shall be set for hearing at an appropriate time and location as determined by the Commission Chairman.
f. The Commission may require/summon, either orally or in writing, in its sole discretion any World Racing Group member and/or official to testify in and/or at a hearing. Any member who is required / summoned to testify and refuses or fails to appear and/or testify may be subject to indefinite suspension or other disciplinary action as deemed appropriate by the DIRTcar Member Appeal Commission.
g. If the DIRTcar Member Appeal Commission finds any Member and/or Official to be “in contempt” during a hearing, the Member and/or Official may be subject to indefinite suspension or other disciplinary action as deemed appropriate by the DIRTcar Member Appeal Commission.
h. In the event that the Chairman and/or Commission Member is involved in the appeal the Chairman and/or Commission Member shall disqualify themselves from participating as a Commission Member on the appeal and the remaining Members of the Commission shall select a replacement.
i. A majority of the members of the Commission / Quorum must concur to modify any penalty (including, but not limited to, imposing different or increased penalties) or determine any appeal. If a majority cannot agree on the action, the appeal shall be referred to the Chairman of the DIRTcar Member Appeal Commission for decision.
j. In each appeal the relevant item shall be the accuracy of the decision by the Official(s) in light of the facts and not the results and/or ramifications of the ruling.
k. If the DIRTcar Member Appeal Commission determines that the proceedings in respect to any appeal have been instituted or continued without reasonable grounds, the cost of such proceedings shall be assessed against the Appellant who instituted or continued such proceedings.
l. The DIRTcar Member Appeal Commission shall have the right (and will) publish the judgment of the Commission and the names of the parties involved. A party shall have no claim or cause of action of any kind against the World Racing Group, the DIRTcar Member Appeal Commission or the publisher.
m. If the appeal involves a component of any racing vehicle, equipment and/or any other technical element, the piece(s) will be placed into a chain of custody, until the DIRTcar Member Appeal Commission has heard the appeal and made a decision. A receipt will be given to the Appellant regarding the piece(s) until the conclusion of the hearing. The piece(s) may be confiscated following the hearing as per the determination of the DIRTcar Member Appeal Commission.
n. Execution of Penalty and Pending Appeal

i. At the request of the affected Member, the World Racing Group Commission Chairman may determine in the interest of all involved parties that the penalty under review shall be temporarily deferred until the appeal of such penalty has been resolved. Otherwise, the penalty shall be executed promptly. If the Commission temporarily defers execution of the penalty, but later denies the appeal in whole or in part, it may reinstate the original penalty as of the date of issue of the original Penalty and/or Penalty Notice, or take such action as it deems appropriate to effectuate in whole or in part the Penalty and/or Penalty Notice, including disallowance of finishing position, points, or prize money otherwise earned in any Event during the period of temporary deferral of the penalty.

o. Execution Steps for Hearing

i. The decision of the official(s) being appealed shall be put into the record.
ii. The contents of the written appeal shall be put into the record.
iii. The Appellant will put forth their statement to the World Racing Group Commission Chairman and present Commission Members presenting any witness(es) and/or other elements regarding their appeal.
iv. The official(s) will put forth their statement regarding the decision and issuance of the appealed penalty to the World Racing Group Chairman and present Commission Members presenting any witness(es) and/or other elements regarding their appeal.
v. The Appellant will be permitted to present any rebuttals, additions to the records and/or summations to the World Racing Group Commission Chairman and present Commission Members.
vi. The official(s) will be permitted to present any rebuttals, additions to the records and/or summations to the World Racing Group Commission Chairman and present Commission Members.
vii. At any time during the hearing at the discretion of the World Racing Group Chairman and/or present Commission Members may request information of anyone present at the hearing.
viii. At the conclusion of the hearing, the World Racing Group Chairman and/or present Commission Members will deliberate in private and make any determination, decision and/or recommendation regarding the presented appeal by a majority vote of those members present. The World Racing Group Commission may:

1. reverse the decision
2. modify to increase or decrease penalty
3. uphold the original issued penalty

ix. All interested parties shall be reasonably notified of the Board’s decision.

p. Bond for Costs

i. The World Racing Group Commission may require the Appellant to post a sufficient bond to cover the costs of the appeal or any reasonably foreseeable economic impairment presented to the World Racing Group or other Member(s) that might be caused by the appeal. If such a bond is required, its form and substance will be in the discretion of the World Racing Group Commission Chairman.
ii. The administrative remedies for any appeal included here represent the complete and final process. If the appealing member seeks remedy through the court systems, the member agrees to the exclusive jurisdiction of the courts in Charlotte, North Carolina for the adjudication of any suit, action or proceeding. All costs and expenses incurred by WRG in responding to the action (including attorneys’ fees) shall be borne by the appealing Member.
iii. If the member initiates within any court whether administrative appeal commission process is completed or in process a suspension penalty, if applicable, may be extended by the time passed to reach the final resolution of the administrative appeal panel and/or any court action.

q. Finality

i. An appeal hearing will be ‘heard’ if the Chairman, in his sole discretion, determines that the Appellant(s) request is appealable. Matters that will not be heard include; matters where there are no triable facts, frivolity, lack of standing, matters which are not subject to protest or appeal pursuant to the rules, appeals filed in any form of harassment and/or any appeal determined as ‘non-appealable’ by the World Racing Group Commission Chairman.
ii. The determination of the World Racing Group Commission at the conclusion of any hearing is final and is not for appeal and/or further mediation.

E. Chairman Potestas

a. In the event that the World Racing Group Commission does not reach a conclusion and/or the appealing member in good standing requests an additional hearing, then the Commissioner may be considered for assistance and/or a second appeal, Acceptance of the appeal will be at the sole decision of the Chairman Potestas without further board involvement.

i. If the Member requests an additional hearing, the Member shall make a written request for such action to the Commissioner Potestas within seven (7) days of the conclusion of the originating hearing.
ii. The written request must be accompanied by a $1,000 non-refundable fee.
iii. The written request and the scheduled fee must be hand delivered via an international recognized courier (the Appellant must obtain and retain a receipt showing date of deposit with courier) to one of the following for the final appearing hearing to be processed:
C/O – World Racing Group Appeal Post – Commissioner Potestas
            Corporate Headquarters
            7575-D West Winds Blvd.
            Concord, NC 28027

b. The Chairman Potestas will determine whether or not the appeal will be heard after reception of the written request and the $1,000 non-refundable fee and inform all parties involved of the determination.
c. The Chairman Potestas may conduct a hearing within a reasonable and practical date, notifying the parties of the appeal and hearing. The Chairman Potestas will determine the date and location (if any) for the Chairman Potestas appeal hearing.
d. If requested by Chairman Potestas, Members may be asked to appear in person, but not through a representative and/or an attorney. The subject matter may not be discussed outside the hearing unless specifically contacted by the Chairman Potestas in regard to the appeal hearing.
e. Hearings performed by the Chairman Potestas will be conducted according to the procedures disseminated by the Chairman Potestas.
f. If the Chairman Potestas determines that the proceedings in respect to any appeal have been instituted or continued by a Member without reasonable grounds, the chairman may disqualify the procedure and such cost, in addition to the appeal fee, shall be assessed against the Member who instituted or continued the proceeding.
g. At the request of the filing Member, the Chairman Potestas may determine that the penalty under review shall not be executed until the appeal of the said penalty has been resolved. Otherwise the penalty shall be executed promptly. If the Chairman Potestas temporarily defers execution of the penalty, but later denies the appeal in whole or part, the Chairman Potestas may reinstate the original penalty as Penalty Notice or take such other action as the Chairman Potestas deems appropriate to place into effect in whole or in part the Penalty Notice including disallowance of finishing position, points and/or prize money otherwise earned in any Event during the period of temporary deferral of the penalty.
h. The Chairman Potestas may require the appellant to post a bond to cover the costs of the appeal and/or any reasonable and foreseeable economic impact to the sanction and/or series and/or other Members that may be caused by the appeal. If the Chairman Potestas requires such a bond, its form and substance shall be at the discretion of the Chairman Potestas.
i. The Chairman Potestas may summon, either orally and/or in writing at the Chairman Potestas’ sole discretion, any World Racing Group Member and/or participant and/or Official to testify at a hearing. Any Member who is summoned to testify in a hearing and fails to do so may be subject to indefinite suspension and/or other penalties as deemed appropriate by the Chairman Potestas and World Racing Group.
j. World Racing Group has the right to publish the judgment of the Chairman Potestas and the names of the parties involved. A party shall have no claim and/or cause of action of any kind against World Racing Group, the Chairman Potestas and/or the publisher.
k. The administrative remedies for any appeal included here represent the complete and final process. If the appealing member seeks remedy through the court systems, the member agrees to the exclusive jurisdiction of the courts in Charlotte, North Carolina for the adjudication of any suit, action or proceeding. All costs and expenses incurred by WRG in responding to the action (including attorneys’ fees) shall be borne by the appealing Member.
l. If the member initiates within any court whether administrative appeal commission process is completed or in process a suspension penalty, if applicable, may be extended by the time passed to reach the final resolution of the administrative appeal panel and/or any court action.
m. All decisions of the Chairman Potestas shall be final.

F. Conditional Appeal Supporting Documentation

a. A member in good standing may submit a request to the World Racing Group Commission Members that are hearing their appeal, to allow a ‘polygraph” examination to be entered as supporting documentation in the appeal of a penalty for the following:

i. Tire laboratory testing where the tire did not meet the benchmark and a penalty was issued.

b. Commission Members may deny the request for any reason and the decision is final.
c. The result of the polygraph tests will only be used as supporting documentation and do not alter the facts of the appeal. If the results are considered, they will be used to assist the commission members in the deliberation of the appropriateness of the penalty.
d. A Polygraph or “lie detector test” means an analysis, examination, interrogation or test that is taken or performed by means of a machine and is used to assess a person’s credibility and to try to assess the veracity of the person taking the test.
e. If approved by the Commission Members hearing the appeal, the following steps shall be followed:

i. The Commission Chair will select an outside vendor to administer the test.
ii. The Driver (appellant). Crew Chief assigned tire manager and car owner and any other persons requested by the Commission members will submit to the testing at the selected vendor.
iii. All parties submitting to the test, will also submit to a 7-panel drug test prior to examination.
iv. Officials will provide a statement of facts to the vendor along with supporting documents
v. Appellant will provide payment for all requested tests; polygraph and drug, directly to the vendor.
vi. A $300 administrative fee will be paid to the WRG Appeals board at the time of the request.
vii. The vendor will notify the member of the test date and location.

f. This additional testing will not extend or create a deferral.
g. Results will be sent to the Commission Chair who will reconvene the appeals board members and provide the results. The Chairman will also provide the results to the Member.
h. The test results will remain confidential.

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