Rule 63.7: Reopening a Hearing

63.7

Reopening a Hearing

(a) The protest committee may reopen a hearing if it decides
- (1) a party was unavoidably absent from the hearing,
- (2) it may have made a significant error, or
- (3) significant new evidence has become available within a reasonable time.
However, a protest committee shall reopen a hearing when required to do so by the national authority under rule 71.3 or R5.
(b) A party to the hearing may request a reopening by delivering a written request to the race office (or by such other method as stated in the sailing instructions) no later than 24 hours after being informed of the decision. The request shall identify the reason for making it. However, on the last scheduled day of racing the request shall be delivered
- (1) within the protest time limit if the requesting party was informed of the decision on the previous day;
- (2) no later than 30 minutes after the party was informed of the decision on that day. A request that does not comply with this rule is invalid.
(c) The protest committee shall consider all requests to reopen a hearing. When a request to reopen is being considered, or when the hearing is reopened,
- (1) if based only on new evidence, a majority of the members of the protest committee shall, if practicable, be members of the original committee;
- (2) if based on a significant error, the protest committee shall, if practicable, have at least one new member.

Related Cases & Q&A

Case 115

Interpretation of the word ‘new’ as used in rule 63.7(a)(3) .

Preferred Wordings

Invalid Request to Reopen – Did Not Identify Reason (63.7(b))
The request to reopen the hearing did not identify the reason for making it as required by RRS 63.7(b). Therefore the request to reopen is invalid.
Invalid Request to Reopen – Last Day (63.7(b)(1)(2))
[X] [Y] failed to [deliver a written] request to reopen the hearing within [the protest time limit] [30 minutes after being informed of the decision], as required by RRS 63.7(b) [1] [(2)]. Therefore, the request to reopen is invalid.
Invalid Request to Reopen – Late (63.7(b))
[X] [Y] failed to request the reopening of the hearing within 24 hours after being informed of the decision, as required by RRS 63.7(b). Therefore, the request to reopen is invalid.
Invalid Request to Reopen – Not in Writing (63.7(b))
[X] [Y] failed to deliver a written request to reopen the hearing, as required by RRS 63.7(b). Therefore the request to reopen is invalid.
Panel Changed on Reopening for Significant Error (63.7(c)(2))
The panel was changed in accordance with RRS 63.7(c)(2): [list the member(s) being replaced] and the new member(s)].
Reopening – Result of Decision in Prior Hearing
The hearing was reopened on [date] as decided in hearing No. [##].
Reopening – Significant Error or New Evidence (63.7(a)(2)(3))
The protest committee decided that [it may have made a significant error] [new evidence became available within a reasonable time] and reopened the hearing on [date] in accordance with RRS 63.7(a) [(2)][(3)]. The parties [were] [were not] present.
Reopening – Unavoidably Absent (63.7(a)(1))
The hearing was reopened on [date] in accordance with RRS 63.7(a)(1), because the protest committee decided that [X] [Y] was unavoidably absent at the original hearing: [brief description of the reason].

Section B — Hearings And Making Decisions

Reopening a Hearing