Monday, 24 August 2009

Question to the National Authority (RRS 70.4)

In the beginning of this year I asked a couple of question to our National Authority in accordance with rule 70.4. These questions are looked at by our National Appeals Committee: "De Zeilraad".
If you want to know what an Appeals Committee usually does, have a look at this post: Appealing the PC.

I asked about the right to appeal and the time allowed to do that:
Is an appeal valid if it is received within the time limit after receiving the written protest decision of an request of reopening which is denied, but after the time limit of receiving the written protest decision of the original protest?

In other words, someone appeals the decision of the protest committee after first having asked for reopening. That reopening is denied, but the time it takes to do that is very long. The appeal is then send in, after the time is should be send in if you start counting from the original decision.
If this is allowed you could theoretically keep asking for reopening and never loose the right to appeal.

Our National Appeals committee answered. They indeed allow an appeal to be send in after the request has been denied. The protest is not finished until the reopening has been decided. So the time starts after that decision has been made.
There's no specific rule about this in our rulebook - so they looked at how it is done in common law and criminal cases. There the right to appeal is also not lost if you ask for reconsideration.

Even if you don't have a written decision from the original protest, only from the request for reopening, our appeals committee will still look at all the facts found, conclusion and decision in that original protest. That was my second question.
Again the protest is not decided and is not "finished" until a request for reopening has been made.

The time it is allowed to send in is fifteen days - look at Appendix F, but you can extend that a litlle by asking for a reopening first...


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