Richard Childress Racing’s appeal of its Richmond penalties is scheduled for Wednesday morning.
Austin Dillon kept the win after contact with two cars on the last lap wrecked both and allowed him to reach the checkered flag first. Among the penalties NASCAR issued Dillon and the Richard Childress Racing No. 3 team was that Dillon’s win would not count toward playoff eligibility.
That is a decision that could cost Richard Childress Racing millions of dollars.
Here is a look at what Wednesday’s appeal hearing will be like as RCR seeks to regain the playoff eligibility stripped from Dillon’s win.
What is the National Motorsports Appeals Panel?
Appeal hearings are held before the National Motorsports Appeals Panel.
The panel will have three people, who are selected from a pool of those with experience in various aspects of the sport, including track management, broadcasting and general counsel. Former drivers listed as panelists are Bill Lester, Shawna Robinson, Mike Skinner, Lake Speed and Lyn St. James.
The administrator of the Panel, a non-voting person, is charged with selecting the three panelists. The Cup Rule Book states that the administrator “shall take into consideration the panelists’ availability, background, professional experience and knowledge” in selecting the three to hear a matter.
What does it cost to file an appeal?
$2,500. The fee is non-refundable. That is what Richard Childress was required to pay to initiate its appeal. To appeal a race disqualification penalty, the cost is $5,000. That also is non-refundable.
What does the Panel rule on?
The Cup Rule Book states that “the scope of an appeal to the National Motorsports Appeals Panel is limited to the facts and circumstances surrounding the violation and the proper application of the NASCAR Rules as they relate to the facts.
“Any speculation as to the impact of a Penalty Notice and/or of an Appeals Panel on NASCAR or a Member or team (e.g. economic hardships, contractual obligations, etc.) is outside the scope of the Appeals Panel’s authority and is not to be considered as part of the appeal.”
Which side does the burden of proof rest with?
In an appeal before the National Motorsports Appeals Panel, the burden rests with NASCAR to prove the violation.
Is legal counsel allowed in an appeal hearing?
No. The Cup Rule Book states that the appellant (Richard Childress Racing in this case) and NASCAR may not have legal counsel present during testimony. The Cup Rule Book also states that the appellant “may not appear through legal counsel” and that NASCAR officials in the hearing “may not be represented by legal counsel.”
What happens in an appeal?
Both parties may be in the hearing room to hear both sides present evidence.
The administrator of the Panel will provide opening instructions, which will include reading the penalty and basic facts of the violation and provide a brief explanation on how the hearing will be conducted.
Since it has the burden of proving its case, NASCAR goes first in presenting evidence, witnesses, etc. Once NASCAR is done, the appellant (RCR) will have its turn to present evidence, witnesses, etc. Neither side can interrupt the other or ask the other questions throughout the hearing.
After both sides make their presentation, a brief recess will take place.
When the hearing resumes, NASCAR is permitted a chance for rebuttal, which can include recalling any of its witnesses or providing information that clarifies evidence that NASCAR had previously presented.
Once NASCAR is done, the appellant (RCR) gets the same opportunity for rebuttal.
After that, NASCAR is permitted to be the last to argue since it carries the burden of proof.
National Motorsports Appeals Panel members may ask questions from any parties or witnesses at any time during the hearing.
The Cup Rule Book also states: “If not otherwise addressed in the Rule Book, Appeals Panelists have the authority to define the scope of relevant testimony, what is admissible or non-admissible, to limit or extend questioning, or to seek input from others.”
Once that is done, the Panel will deliberate in private.
The decision of the National Motorsports Appeals Panel
Only a majority is needed among the three panel members to render a decision. It does not need to be unanimous.
Decisions by the Panel is a two-step process detailed by the Cup Rule Book.
“The Appeals Panel is to first make a decision on whether NASCAR has shown that it is more likely than not that there has been a violation of the NASCAR Rule Book, special rules, Bulletins or any applicable agreements, that are cited in the Penalty Notice.”
The second step for the Panel, according to the Cup Rule Book: “If a violation is found, the Appeals Panel may then proceed to the Penalty Review phase, in which the original Penalty issued by NASCAR is reviewed in light of the Rule Book and the information presented during the hearing.”
The panel can do three things:
It can rescind NASCAR’s penalty.
It can uphold the penalty.
Or it can modify the penalty — which can include increasing or decreasing within the minimum and maximum penalty ranges for the violation found in the Rule Book.
If the appellant (RCR) loses the appeal, the organization has one more option. It can present its case to the Final Appeal Officer. That person’s decision is final.
Should the National Motorsports Appeals Panel rule against NASCAR, the sanctioning body cannot appeal the decision and the matter is done.