APPEALS

8.1 Appeals from decisions in relation to a first Level 1 Offence

8.1.1 Decisions made under the Code of Conduct by a Match Referee in relation to a first Level 1 Offence shall be non-appealable and shall remain the full and final decision in relation to the matter.

8.2 Appeals from decisions in relation to: (a) a Level 1 Offence with at least one other Offence in the Previous Sanction Period; (b) a Level 2 Offence; or (c) a Minimum Over Rate Offence

8.2.1 Decisions made under the Code of Conduct by a Match Referee in relation to: (a) cases where there were previous Level 1 Offence(s) within the Previous Sanction Period; or (b) a Level 2 Offence; or (c) a Minimum Over Rate Offence, may be challenged solely by appeal as set out in this Article 8.2. Such decisions shall remain in effect while under appeal unless any Commissioner properly convened to hear the appeal orders otherwise.

8.2.2 The only parties who may appeal a decision of this nature shall be: (a) the Player or Team Official found guilty of the offence or, where appropriate in the case of an offence under either Article 2.2.9 (changing the condition of the ball), 2.2.10 (manipulation of a Match), or 2.5 (failure to meet the Minimum Over Rate), the relevant Team Captain; and (b) the BCCI Honorary Secretary (or his/her designee).

8.2.3 Any notice to appeal under this Article must be lodged with the IPL Chief Operating Officer within 24 hours of receipt of the written decision of the Match Referee. In all cases, a copy of such notice will also be provided to the Team Manager of the Franchisee to which the Player or Team Official is affiliated. Thereafter, the following will apply:

8.2.3.1 Within 24 hours of receipt of a notice to appeal: (a) the BCCI Honorary Secretary (or the IPL Chief Operating Officer if the Appeal has been lodged by the BCCI Honorary Secretary) will appoint a member of the Commission to act as Commissioner and hear the appeal sitting alone; and (b) the Match Referee will provide a written statement to the IPL Chief Operating Officer setting out any relevant facts (to be copied to the Player or Team Official).

8.2.3.2 The provisions of Articles 5.1 and 5.2, applicable to proceedings before the Match Referee, shall apply mutatis mutandis (i.e. with changes deemed to have been made as required to reflect the different context) to appeal hearings before the Commissioner.

8.2.3.3 The Commissioner shall hear and determine all issues arising from any matter which is appealed pursuant to this Article on a de novo basis, i.e. he/she shall hear the matter over again, from the beginning, without being bound in any way by the decision being appealed. For the avoidance of doubt, the Commissioner shall have the power to overturn the original decision completely or, in all cases other than those under Article 2.5, increase or decrease, amend or otherwise substitute a new decision on the appropriateness (or otherwise) of the sanction imposed at first instance, provided that any new sanction must be within the permitted range of sanctions set out in the table in Article 7.3.

8.2.3.4 Appeal hearings pursuant to this Article 8.2 should be completed expeditiously. Save where all parties agree or fairness requires otherwise, the appeal hearing shall be commenced no later than forty-eight (48) hours after the appointment of the Commissioner.

8.2.3.5 The Commissioner shall have the power to order some or all of the costs of the appeal proceedings (including the costs of holding the hearing, any interpretation costs, the legal and/or travel/accommodation costs of the Commissioner and/or any other relevant parties) to be paid by the appealing party if he/she considers that such party has acted spuriously, frivolously or otherwise in bad faith.

8.2.3.6 Any decision made by the Commissioner under this Article 8.2, shall be the full, final and complete disposition of the matter and will be binding on all parties.

8.3 Appeals from decisions in relation to a Level 3 Offence or Level 4 Offence

8.3.1 Decisions made under the Code of Conduct by a Commissioner in relation to a Level 3 Offence or Level 4 Offence may be challenged solely by appeal as set out in this Article 8.3. Such decision shall remain in effect while under appeal unless any properly convened Appeal Commission orders otherwise.

8.3.2 The only parties who may appeal a decision made in relation to a Level 3 Offence or Level 4 Offence shall be: (a) the Player or Team Official found guilty of the offence; and (b) the BCCI Honorary Secretary.

8.3.3 Any notice to appeal under this Article must be lodged with the IPL Chief Operating Officer within forty-eight (48) hours of receipt of the written decision of the Commissioner. In all cases, a copy of such notice will also be provided to the Team Manager of the Franchisee to which the Player or Team Official is affiliated. Thereafter, the following will apply:

8.3.3.1 Within forty-eight (48) hours of receipt of a notice to appeal: (a) the BCCI Honorary Secretary (or the IPL Chief Operating Officer if the Appeal has been lodged by the BCCI Honorary Secretary) will appoint three members of the Commission (excluding the Commissioner whose decision is being appealed) to sit as the Appeal Commission to hear the appeal; and (b) the Commissioner will provide a written statement to the IPL Chief Operating Officer setting out any relevant facts (to be copied to the Player or Team Official).

8.3.3.2 The provisions of Articles 5.1 and 5.2, applicable to proceedings before the Commissioner, shall apply mutatis mutandis (i.e. with changes deemed to have been made as required to reflect the different context) to appeal hearings before the Appeal Commission.

8.3.3.3 The Appeal Commission shall hear and determine all issues arising from any matter which is appealed to it pursuant to this Article on a de novo basis, i.e. it shall hear the matter over again, from the beginning, without being bound in any way by the decision being appealed. For the avoidance of doubt, the Appeal Commission shall have the power to increase or decrease, amend or otherwise substitute a new decision on the appropriateness (or otherwise) of the sanction imposed at first instance, provided that any new sanction must be within the permitted range of sanctions set out in the table in Article 7.3.

8.3.3.4 Appeal hearings pursuant to this Article 8.3 should be completed expeditiously. Save where all parties agree or fairness requires otherwise, the appeal hearing shall be commenced no later than seventy-two (72) hours after the appointment of the Appeal Commission.

8.3.3.5 The Appeal Commission shall have the power to order some or all of the costs of the appeal proceedings (including the costs of holding the hearing, any interpretation costs, the legal and/or travel/accommodation costs of the Appeal Commission and/or any other relevant parties) to be paid by the appealing party if it considers that such party has acted, spuriously, frivolously or otherwise in bad faith.

8.3.3.6 Any decision made by the Appeal Commission under this Article 8.3, shall be the full, final and complete disposition of the matter and will be binding on all parties.

8.4 No appeal in relation to an accepted sanction

8.4.1 For the avoidance of doubt, where a Player or Team Official admits the offence charged and accedes to the proposed sanction specified in the Notice of Charge in accordance with the procedure specified in Article 4.2.1 or 4.6.1, the Player or Team Official waives his/her right to any appeal against the imposition of such sanction.

8.5 BCCI will issue a public announcement regarding any decision regarding an Appeal by the Commissioner or the Appeal Commission made under the Code of Conduct as soon as is reasonably practicable after the decision has been communicated to the parties. The public announcement of the decision may include details of the offences committed under the Code of Conduct and of the sanctions imposed, if any. Until such time as this public announcement is published, all parties and participants in the proceedings shall treat such proceedings as strictly confidential. For the avoidance of doubt, nothing in this Article shall prevent the Commissioner, the Appeal Commission or the relevant party mentioned in either Article 4.1.1 or Article 4.5.1 (or BCCI) publicly confirming the date of the Appeal hearing.

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