In NASCAR, teams usually have little hope of overturning penalties issued by the sanctioning body, but it’s not impossible. Richard Childress Racing is appealing last weekend’s NASCAR Xfinity Series disqualification, aiming to get Jesse Love’s Rockingham victory reinstated. Earlier this year, Joe Gibbs Racing successfully won an appeal that rescinded all penalties issued to Chase Briscoe after issues were found with his Daytona 500 pole-winning car.
But how does it it all work? Well, NASCAR has fairly clear rules on the process. First, the team and/or driver must put forth an appeal, and they only have a limited amount of time to do so (normally 24 hours for race disqualifications). However, it can be up to three business days for penalties that don’t directly impact the championship. Once they do, the wheels are set in motion and a date will be set for the appeal. Appeals must be heard within a month but in some circumstances when time is of the essence, an expedited appeal will take place.
The NMPA and their role
The National Motorsports Appeals Panel (NMPA) will hear arguments from both sides and make a decision. Now, who are they? The NMPA is a three-person panel of experienced volunteers that provide an impartial look into the matter. The panel members change for every appeal and they can have a wide range of backgrounds. Some are former racers themselves while others have non-racing backgrounds. The panelists are chosen by an Appeal Administrator.
At the appeal, both NASCAR and the appellant will have representative(s) present, but no lawyers. Both sides can state their case, provide evidence, and will answer questions. Following the hearing, the panel will make their decision. They are permitted to uphold, rescind or amend the penalties and must provide an explanation as to why. Their decision must be unanimous.
The burden of proof and the second phase of appeals
An important note here is that NASCAR can not appeal the decision of the NMPA. However, the party under penalty has a secondary option if the first appeal doesn’t go their way. They can actually go and take their case to the Final Appeals Officer (FAO) — a single individual who will have the final say. Their decision is final and no more appeals are allowed.
Once an appeal reaches this level, things get more difficult for the team and/or driver. During the first phase, the burden of proof is on NASCAR but when facing 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.
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