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2016 ITF Constitution (English)

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51 3. 3. 3. 3. GROUNDS OF APPEAL GROUNDS OF APPEAL GROUNDS OF APPEAL GROUNDS OF APPEAL APPEALS OF DECISIONS OF THE FED CUP AND DAVIS CUP COMMITTEES CAN ONLY BE MADE ON THE FOLLOWING GROUNDS: A) A BREACH OF THE RULES OF NATURAL JUSTICE, INCLUDING THE DENIAL OF A RIGHT TO PRESENT OR RESPOND TO EVIDENCE BEFORE THE COMMITTEE. B) A CLEAR VIOLATION OR MISINTERPRETATION OF COMPETITION RULES BY THE COMMITTEE. C) THE DECISION WAS NOT WITHIN THE RANGE OF REASONABLE OUTCOMES. THE BOARD WILL ONLY OVERTURN A COMMITTEE DECISION IF IT DETERMINES IT WAS COMPLETELY OR OBVIOUSLY UNREASONABLE. 4 44 4. .. . Conduct of appeals. Conduct of appeals. Conduct of appeals. Conduct of appeals. a) All appeals at the Committee level shall only be in writing. THE APPELLANT MAY ALSO BE PERMITTED TO MAKE AN ORAL REPRESENTATION, PROVIDED THAT OPPOSING PARTIES ARE ALSO PERMITTED TO MAKE AN ORAL REPRESENTATION. Appeals to the Board of Directors shall ONLY be in writing IN THE FORMS PRESCRIBED BY THE BOARD OF DIRECTORS. b) All appeals must be made in writing within one month of receipt by the Appellant of the decision from which they are appealing, in accordance with the notice provisions in Article 29 of this Constitution. The appeal papers shall BE SUBMITTED IN THE FORM PRESCRIBED AND comprise a statement of the reasons (with supporting evidence) and arguments why the decision was incorrect. If necessary, a written response from the original decision maker, and a further written response from the Appellant will be permitted. Any party directly affected by the appeal shall also be permitted to make WRITTEN submissions AND HAVE ACCESS TO ALL MATERIALS IN THE APPEAL. Eligible members deciding the appeal will discuss the appeal and issue a decision which shall be final and binding on all parties subject to a final appeal, in appropriate circumstances to the Board of Directors. c) APPELLANTS AND OTHER INTERESTED PARTIES IN THE APPEAL SHALL HAVE NO RIGHT TO MAKE ORAL SUBMISSIONS TO THE BOARD. THEREFORE ALL PARTIES TO THE APPEAL MUST ENSURE THAT THEIR APPEAL DOCUMENTS AND SUBMISSIONS ARE COMPLETE.

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