CYA Messenger September 2013 | Page 37

Part 5 PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS (d) 62.2 an action of a boat, or a member of her crew, that resulted in a penalty under rule 2 or a penalty or warning under rule 69.2(c). A request shall be in writing and identify the reason for making it. If the request is based on an incident in the racing area, it shall be delivered to the race office within the protest time limit or two hours after the incident, whichever is later. Other requests shall be delivered as soon as reasonably possible after learning of the reasons for making the request. The protest committee shall extend the time if there is good reason to do so. No red flag is required. SECTION B HEARINGS AND DECISIONS 63 63.1 HEARINGS Requirement for a Hearing A boat or competitor shall not be penalized without a protest hearing, except as provided in rules 30.2, 30.3, 69, A5 and P2. A decision on redress shall not be made without a hearing. The protest committee shall hear all protests and requests for redress that have been delivered to the race office unless it allows a protest or request to be withdrawn. 63.2 Time and Place of the Hearing; Time for Parties to Prepare All parties to the hearing shall be notified of the time and place of the hearing, the protest or redress information shall be made available to them, and they shall be allowed reasonable time to prepare for the hearing. 63.3 Right to Be Present (a) The parties to the hearing, or a representative of each, have the right to be present throughout the hearing of all the evidence. When a protest claims a breach of a rule of Part 2, 3 or 4, the representatives of boats shall have been on board at the time of the incident, unless there is good reason for the protest committee to rule otherwise. Any witness, other than a member of the protest committee, shall be excluded except when giving evidence. 33