APPENDIX R
PROCEDURES FOR APPEALS AND REQUESTS
See rule <%= rule_link('70') %>. A national authority may change this appendix by prescription but it shall not be changed by sailing instructions.
<%= cases_link(['CAN5', 'CAN64', 'CAN80', 'CAN101']) %> <%= rx_link('aus', 'Yachting Australia prescribes that the national authority in Appendix R is the MYA (Yachting Australia) %> <%= rx_link('can', 'Sail Canada prescribes that it may delegate an appeal or request for confirmation or correction to an association appeals committee, such as a provincial association appeals committee or a racing association appeals committee. Decisions of an association appeals committee may be further appealed to Sail Canada.') %> <%= rx_link('ynz', 'Yachting New Zealand prescribes that:
  1. Appeals should be lodged on the prescribed form available from Yachting New Zealand
  2. When no written decision is received within 15 days of a request being made, in accordance with rule 65.2, an appeal shall be lodged not later than 21 days after the request is made unless the Appeals Panel at its discretion considers in the circumstances it is fair to extend this time limit.
  3. A fee of $100 shall be paid to Yachting New Zealand upon filing an appeal. There shall be no fee when a protest committee requests confirmation or correction of its decision. Yachting New Zealand may change this fee at its discretion.
  4. The Protest Committee shall supply the information required by rule R3 of this appendix within 15 days of receiving a request to do so from Yachting New Zealand.
  5. Yachting New Zealand will act as appropriate under rule 71.2 if the Protest Committee fails to meet its obligations under rule R3.
') %>
R1
APPEALS AND REQUESTS
Appeals, requests by protest committees for confirmation or correction of their decisions, and requests for interpretations of the rules shall be made in compliance with this appendix.
R2
SUBMISSION OF DOCUMENTS
R2.1
To make an appeal,
  1. 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;
  2. 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;
  3. 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:
  1. the written <%= def_link('Protest', 'protest(s) %> or request(s) for redress;
  2. a diagram, prepared or endorsed by the protest committee, showing the positions and tracks of all boats involved, the course to the next <%= def_link('Mark', '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;
  3. the notice of race, the sailing instructions, any other conditions governing the event, and any changes to them;
  4. any additional relevant documents; and
  5. the names, postal and e-mail addresses, and telephone numbers of all <%= def_link('Party', 'parties') %> to the hearing and the protest committee chairman.
<%= rx_link('aus', '
Yachting Australia prescribes that a filing fee of $110.00 (includes GST) shall be forwarded with an appeal.
') %> <%= rx_link('can', 'Sail Canada prescribes that in the case of a further appeal to Sail Canada, this rule shall apply to the appellant as though it was an initial appeal, and to the appealed committee as though it was the protest committee.') %>
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 rule 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 rules 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.