Page 29 - GUAM NOC MADC - 2021 Draft Anti-Doping Rules

event, GMADC shall keep them fully apprised as to the status of
pending cases and the result of all hearings.

8.2 Notice of Decisions

8.2.1 At the end of a hearing, or promptly thereafter, the Anti-Doping Hearing Panel
appointed by GMADC shall issue a written decision that conforms with Article 9
of the International Standard for Results Management and which includes the
full reasons for the decision, the period of Ineligibility imposed, the
Disqualification of results under Article 10.10 and, if applicable, a justification for
why the greatest potential Consequences were not imposed.

8.2.2 GMADC shall notify that decision to the Athlete or other Person and to other Anti-
Doping Organizations with a right to appeal under Article 13.2.3, and shall
promptly report it into ADAMS. The decision may be appealed as provided in
Article 13.

8.3 Waiver of Hearing

8.3.1 An Athlete or other Person against whom an anti-doping violation is asserted
may waive a hearing expressly and agree with the Consequences proposed by
GMADC.

8.3.2 However, if the Athlete or other Person against whom an anti-doping rule
violation is asserted fails to dispute that assertion within twenty (20) days or the
deadline otherwise specified in the notice sent by the GMADC asserting the
violation, then they shall be deemed to have waived a hearing, to have admitted
the violation and to have accepted the proposed Consequences.

8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing shall not be required.
Instead GMADC shall promptly issue a written decision that conforms with Article
9 of the International Standard for Results Management and which includes the
full reasons for the decision, the period of Ineligibility imposed, the
Disqualification of results under Article 10.10 and, if applicable, a justification for
why the greatest potential Consequences were not imposed.

8.3.4 GMADC shall notify that decision to the Athlete or other Person and to other Anti-
Doping Organizations with a right to appeal under Article 13.2.3, and shall
promptly report it into ADAMS. GMADC shall Publicly Disclose that decision in
accordance with Article 14.3.2.

8.4 Single Hearing Before CAS

Anti-doping rule violations asserted against International-Level Athletes, National-Level
Athletes or other Persons may, with the consent of the Athlete or other Person, GMADC
(where it has Results Management responsibility in accordance with Article 7) and WADA,
39
be heard in a single hearing directly at CAS.

39 [Comment to Article 8.4: In some cases, the combined cost of holding a hearing in the first instance at the international or
national level, then rehearing the case de novo before CAS can be very substantial. Where all of the parties identified in this
Article are satisfied that their interests will be adequately protected in a single hearing, there is no need for the Athlete or Anti-
Doping Organizations to incur the extra expense of two (2) hearings. An Anti-Doping Organization may participate in the CAS
hearing as an observer. Nothing set out in Article 8.4 precludes the Athlete or other Person and GMADC (where it has Results
Management responsibility) to waive their right to appeal by agreement. Such waiver, however, only binds the parties to such
agreement and not any other entity with a right of appeal under the Code.]

2021 GUAM NOC ANTI-DOPING RULES Page 29 of 70