Appendix M
RECOMMENDATIONS FOR PROTEST COMMITTEES
? M3.5
In redress cases, make sure that no further evidence is needed from boats that will be affected by the decision.
Inform the parties (rule 65). ? Recall the parties and read them the facts found, conclusions and rules that apply, and the decision. When time presses it is permissible to read the decision and give the details later. Give any party a copy of the decision on request. File the protest or request for redress with the committee records.
? M4 M4.1
REOPENING A HEARING (rule 66) When a party, within the time limit, has asked for a hearing to be reopened, hear the party making the request, look at any video, etc., and decide whether there is any significant new evidence that might lead you to change your decision. Decide whether your interpretation of the rules may have been wrong; be open-minded as to whether you have made a mistake. If none of these applies refuse to reopen; otherwise schedule a hearing. Evidence is ‘new’ ? if it was not reasonably possible for the party asking for the reopening to have discovered the evidence before the original hearing, if the protest committee is satisfied that before the original hearing the evidence was diligently but unsuccessfully sought by the party asking for the reopening, or if the protest committee learns from any source that the evidence was not available to the parties at the time of the original hearing.
M4.2
?
?
M5 M5.1
GROSS MISCONDUCT (rule 69) An action under this rule is not a protest, but the protest committee gives its allegations in writing to the competitor before the hearing. The hearing is conducted under the same rules as other hearings but the protest committee must have at least three members (rule 69.2(b)). Use the greatest care to protect the competitor’s rights. A competitor or a boat cannot protest under rule 69, but the protest form of a competitor who tries to do so may be accepted as a report
M5.2
148