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36 U.S.C. § 220527Complaints against national governing bodies

submitted 28 years ago by Pub. L. 105-225 to r/title-36-PATRIOTIC-AND-NATIONAL-OBSERVANCES-CEREMONIES-AND-ORGANIZATIONS · 324 words · no verdicts yet

in plain englishAI-generated · not legal advice

(a) A sports organization or person who belongs to, or could belong to, a national governing body can file a written complaint with the corporation to force that body to follow the certification, duties, and sanctioning rules, and must also send a copy to the governing body. The corporation must set up procedures for handling these complaints. (b) The corporation must hold a hearing within 90 days of the complaint to decide if the governing body is following those rules. (c) If the corporation finds the governing body is complying, it notifies both sides. If not, it either places the governing body on probation for up to 180 days to fix the problem, or revokes its recognition. The corporation may extend probation if the governing body proves, with clear and convincing evidence, that it needs more time through no fault of its own — but if the body still hasn't complied by the end of that extra time, the corporation must revoke its recognition.

(a) An amateur sports organization or person who belongs to, or is eligible to belong to, a national governing body may try to force that body to follow sections 220522, 220524, and 220525 by filing a written complaint with the corporation, and must serve a copy on the national governing body. The corporation must set up procedures for filing and handling these complaints. (b) The corporation must hold a hearing within 90 days after the complaint is filed to gather testimony and decide whether the national governing body is complying with sections 220522, 220524, and 220525. (c) After the hearing: (1) if the corporation decides the governing body is complying, it notifies the complainant and the governing body. (2) If it decides the governing body is not complying, it either (A) places the governing body on probation for up to 180 days — however long the corporation thinks is needed to fix the problem — or (B) revokes the governing body's recognition. (3) If the corporation puts a governing body on probation, it may extend the probation if the governing body proves, with clear and convincing evidence, that through no fault of its own it needs more time to comply. If the governing body still hasn't complied by the end of the allowed time, the corporation must revoke its recognition.
the actual law source: uscode.house.gov ↗public domain
(a)General.—
(1)

An amateur sports organization or person that belongs to or is eligible to belong to a national governing body may seek to compel the national governing body to comply with sections 220522, 220524, and 220525 of this title by filing a written complaint with the corporation. A copy of the complaint shall be served on the national governing body.

(2)

The corporation shall establish procedures for the filing and disposition of complaints under this section.

(b)Hearings.—

The corporation shall hold a hearing, within 90 days after the complaint is filed, to receive testimony to decide whether the national governing body is complying with sections 220522, 220524, and 220525 of this title.

(c)Disposition of Complaint.—
(1)

If the corporation decides, as a result of the hearing, that the national governing body is complying with sections 220522, 220524, and 220525 of this title, it shall so notify the complainant and the national governing body.

(2)

If the corporation decides, as a result of the hearing, that the national governing body is not complying with sections 220522, 220524, and 220525 of this title, it shall—

(A)

place the national governing body on probation for a specified period of time, not to exceed 180 days, which the corporation considers necessary to enable the national governing body to comply with those sections; or

(B)

revoke the recognition of the national governing body.

(3)

If the corporation places a national governing body on probation under paragraph (2) of this subsection, it may extend the probationary period if the national governing body has proven by clear and convincing evidence that, through no fault of its own, it needs additional time to comply with sections 220522, 220524, and 220525 of this title. If, at the end of the period allowed by the corporation, the national governing body has not complied with those sections, the corporation shall revoke the recognition of the national governing body.

Source credit: (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1476; Pub. L. 116–189, § 7(d), Oct. 30, 2020, 134 Stat. 960.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-225 · 112 Stat. 1476
  • 2020Amended · Pub. L. 116-189 · 134 Stat. 960

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-225 on 1998-08-12.

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