Appendix P - Recommendations for Protest Committees

This appendix is advisory only; in some circumstances changing these procedures may be advisable. It is addressed primarily to protest committee chairmen but may also help judges, jury secretaries, race committees and others connected with protest hearings.

In a protest hearing, the protest committee should weigh all testimony with equal care; should recognize that honest testimony can vary, and even be in conflict, as a result of different observations and recollections; should resolve such differences as best it can; should recognize that no board or competitor is guilty until a breach of a rule has been established to the satisfaction of the protest committee; and should keep an open mind until all the evidence has been heard as to whether a board or competitor has broken a rule.

P1 Preliminaries (may be performed by race office staff)

    - Receive the form from the protestor.
    - Note on the form the time the protest is lodged and the time protest time ends.
    - Inform each party, and the race committee when necessary, when and where the hearing will be held.

P2 Before the Hearing

Make sure that

    - each party has a copy of the protest form. When copies are unavailable let the protestee read the protest before beginning.
    - no member of the protest committee is an interested party. Ask the parties whether they object to any member.
    - only one person from each board (or party) is present unless an interpreter is needed.
    - all boards and people involved are present. If they are not, however, the committee may proceed under rule 63.3(b).
    - When the parties were in different races, both organizing authorities must accept the composition of the protest committee (rule 63.7). In a measurement protest obtain the current class rules and identify the authority responsible for interpreting them (rule 64.3(b)).

P3 The Hearing
  P 3.1 Check the validity of the protest or request for redress.

    - Were the contents adequate (rule 61.2)?
    - Was it delivered in time? If not, is there good reason to extend the time limit (rule 61.3)?
    - When required, was the protestor involved in the incident (rule 60.1(a))?
    - When necessary, was 'Protest' hailed (rule 61.1(a))?
    - When the hail was not necessary was the protestee informed?