How the NASCAR appeal process works

In NASCAR, groups often have little hope of overturning penalties issued by the sanctioning physique, however it’s not not possible. Richard Childress Racing is appealing last weekend’s NASCAR Xfinity Series disqualification, aiming to get Jesse Love’s Rockingham victory reinstated. Earlier this 12 months, Joe Gibbs Racing successfully won an appeal that rescinded all penalties issued to Chase Briscoe after issues were found with his Daytona 500 pole-winning car.

However how does it all of it work? Effectively, NASCAR has pretty clear guidelines on the method. First, the group and/or driver should put forth an attraction, and so they solely have a restricted period of time to take action (usually 24 hours for race disqualifications). Nonetheless, it may be as much as three enterprise days for penalties that do not instantly affect the championship. As soon as they do, the wheels are set in movement and a date shall be set for the attraction. Appeals should be heard inside a month however in some circumstances when time is of the essence, an expedited attraction will happen. 

The NMPA and their position

The Nationwide Motorsports Appeals Panel (NMPA) will hear arguments from either side and decide. Now, who’re they? The NMPA is a three-person panel of skilled volunteers that present an neutral look into the matter. The panel members change for each attraction and so they can have a variety of backgrounds. Some are former racers themselves whereas others have non-racing backgrounds. The panelists are chosen by an Attraction Administrator. 

On the attraction, each NASCAR and the appellant could have consultant(s) current, however no legal professionals. Each side can state their case, present proof, and can reply questions. Following the listening to, the panel will make their resolution. They’re permitted to uphold, rescind or amend the penalties and should present an evidence as to why. Their resolution should be unanimous. 

The burden of proof and the second part of appeals

An essential word right here is that NASCAR cannot attraction the choice of the NMPA. Nonetheless, the social gathering underneath penalty has a secondary choice if the primary attraction would not go their means. They will truly go and take their case to the Last Appeals Officer (FAO) — a single particular person who could have the ultimate say. Their resolution is remaining and no extra appeals are allowed.

As soon as an attraction reaches this stage, issues get tougher for the group and/or driver. In the course of the first part, the burden of proof is on NASCAR however when going through the FAO, that burden shifts to the appellant. Richard Childress Racing went as far as the FAO during the 2024 NASCAR Cup season when trying to get Austin Dillon’s playoff spot reinstated in the fallout from his controversial Richmond victory.