Page 102 - Judge Manual 2017

K.29.3 The Hearing
The hearing of requests for redress falls into four parts;
I. Validity
II. Compliance
III. The incident
IV. Redress given

Validity is considered first and if the request is invalid the parties hearing should
be informed of this and the hearing closed.

If valid, the hearing should proceed to consider whether the request complies
with the requirements of rule 62.1. If the request does not comply the parties
should be informed at this time and the hearing closed.

If the request complies the protest committee then considers the incident and
whether the boat is entitled to redress or not. If not the parties are informed of
the facts found and that redress is not given and the hearing is closed.

If the Protest Committee decides that redress is to be given it now decides what
redress would be appropriate. Once decided the parties should be informed of
the decision and the hearing closed.

K.29.4 Validity

At a hearing to consider a request for redress, the protest committee must first
address the validity of the request.

The request must be in writing and describe the incident including the time and
date where it occurred. Missing particulars that are relevant can be added
before the hearing (rule 61.2(a) or before or during at the hearing. (rule 61.2
(c), (d) and (e)). If the time and place of the incident is changed, give the
protestee reasonable time to prepare for the hearing.
No protest flag is required, and there is no obligation for the boat requesting
redress to inform the race committee. Match racing and fleet-umpired races,
like medal races under Addendum Q have different requirements.
A boat cannot protest the organizing authority or the race committee or the
protest committee or the technical committee; any such protest should be
accepted as a request for redress provided it complies with the requirement of
rule 61.2, so far as they are relevant.

Under rule 62.2 a request for redress must be delivered to the race office no
later than the protest time limit or two hours after the incident, whichever is the
later. The time of the incident will need to be determined by the protest
committee and this will depend on the circumstances of each particular case. If
the incident occurred on the race course the protest time limit would normally
apply. In the case of a scoring error or where a boat has been scored OCS or
similar the time of the incident would usually be when the results were posted
but if they were not posted within a reasonable time, the time of the incident
could be considered to be even later still. If the results were only posted on the
internet the time of the incident could be the first reasonable opportunity the
party had of seeing them.

Requests for redress by the Race Committee or Technical Committee or
Protest Committee must be delivered within the protest time limit or within two