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36 U.S.C. § 220528Applications to replace an incumbent national governing body

submitted 28 years ago by Pub. L. 105-225 to r/title-36-PATRIOTIC-AND-NATIONAL-OBSERVANCES-CEREMONIES-AND-ORGANIZATIONS · 684 words · no verdicts yet

in plain englishAI-generated · not legal advice

An amateur sports organization can try to replace an existing national governing body for a sport by filing a written application. It must file within one year after the relevant Games end, serve copies on the current governing body and any competing applicants, and the corporation must hold a public hearing within 180 days, with advance published and mailed notice. To win, the applicant must prove by a preponderance of the evidence that it meets the certification standards and either the current governing body is failing those standards or the applicant would do the job better. Within 30 days of the hearing, the corporation must uphold the current body, revoke and leave the position vacant, revoke and certify the applicant, or place the current body on probation for up to 180 days for a minor deficiency — and if that probation isn't cured, the corporation must revoke certification and either name the applicant or leave the position vacant.

(a) An amateur sports organization can try to replace the current national governing body for a sport by filing a written application for certification with the corporation. (b) The corporation must set up procedures for handling these applications. If two or more organizations apply for the same sport, all their applications are considered together in one proceeding. (c) Filing rules: (1) The application must be filed within one year after the last day of (A) the Olympic Games, for a sport that appears in the Olympics, Paralympics, or all four of the Games; or (B) the Pan-American or Parapan American Games, for a sport that appears only in those Games. (2) The application must be sent to the corporation by certified mail, with a copy served on the current national governing body and any other applicant. The corporation must confirm receipt to the applicant. (d) Within 180 days after receiving the application, the corporation must hold a public hearing to weigh its merits. It must publish notice of the hearing's time and place in its main publication, between 30 and 60 days before the hearing, and mail written notice — with a copy of the application — at least 30 days ahead to every amateur sports organization it knows of in that sport. Both the applicant and the current governing body get a fair chance to present evidence. (e) At the hearing, the applicant must prove, by a preponderance of the evidence, that: (1) it meets the certification criteria in section 220522; and (2) either (A) the current governing body fails to meet the criteria in section 220522, 220524, or 220525, or (B) the applicant meets section 220522's criteria better, can better meet sections 220524 and 220525, and offers (or can offer) a stronger national competition program than the current governing body. (f) Within 30 days after the hearing ends, the corporation must do one of: (1) keep the current governing body in place; (2) revoke its certification and leave the position vacant; (3) revoke its certification and certify the applicant instead; or (4) if the current body would have kept its certification except for one minor shortcoming under section 220522, 220524, or 220525, place it on probation for up to 180 days and tell it what to fix. (g) If the current governing body doesn't fix the problem within that probation period, the corporation must revoke its certification and either (1) certify the applicant, or (2) leave the position vacant.
the actual law source: uscode.house.gov ↗public domain
(a)General.—

An amateur sports organization may seek to replace an incumbent as the national governing body for a particular sport by filing a written application for certification with the corporation.

(b)Establishment of Procedures.—

The corporation shall establish procedures for the filing and disposition of applications under this section. If 2 or more organizations file applications for the same sport, the applications shall be considered in a single proceeding.

(c)Filing Procedures.—
(1)

An application under this section must be filed within one year after the final day of—

(A)

any Olympic Games, for a sport in which competition is held in the Olympic Games or the Paralympic Games, or in each of the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan American Games; or

(B)

any Pan-American Games or Parapan American Games, for a sport in which competition is held in the Pan-American Games or the Parapan American Games, as applicable, but not in the Olympic Games or the Paralympic Games.

(2)

The application shall be filed with the corporation by certified mail, and a copy of the application shall be served on the national governing body and with any other organization that has filed an application. The corporation shall inform the applicant that its application has been received.

(d)Hearings.—

Within 180 days after receipt of an application filed under this section, the corporation shall conduct a formal hearing open to the public to determine the merits of the application. The corporation shall publish notice of the time and place of the hearing in a regular issue of its principal publication at least 30 days, but not more than 60 days, before the date of the hearing. The corporation also shall send written notice, including a copy of the application, at least 30 days prior to the date of the hearing to all amateur sports organizations known to the corporation in that sport. In the hearing, the applicant and the national governing body shall be given a reasonable opportunity to present evidence supporting their positions.

(e)Standards for Granting Applications.—

In the hearing, the applicant must establish by a preponderance of the evidence that—

(1)

it meets the criteria for certification as a national governing body under section 220522 of this title; and

(2)
(A)

the national governing body does not meet the criteria of section 220522, 220524, or 220525 of this title; or

(B)

the applicant more adequately meets the criteria of section 220522 of this title, is capable of more adequately meeting the criteria of sections 220524 and 220525 of this title, and provides or is capable of providing a more effective national program of competition than the national governing body in the sport for which it seeks certification.

(f)Disposition of Applications.—

Within 30 days after the close of the hearing required by this section, the corporation shall—

(1)

uphold the right of the national governing body to continue as the national governing body for its sport;

(2)

revoke the certification of the national governing body and declare a vacancy in the national governing body for that sport;

(3)

revoke the certification of the national governing body and certify the applicant as the national governing body; or

(4)

place the national governing body on probation for a period not exceeding 180 days, pending the compliance of the national governing body, if the national governing body would have retained certification except for a minor deficiency in one of the requirements of section 220522, 220524, or 220525 of this title and notify such national governing body of such probation and of the actions needed to comply with such requirements.

(g)Revocation of Certification After Probation.—

If the national governing body does not comply with sections 220522, 220524, and 220525 of this title within the probationary period prescribed under subsection (f)(4) of this section, the corporation shall revoke the certification of the national governing body and either—

(1)

certify the applicant as the national governing body; or

(2)

declare a vacancy in the national governing body for that sport.

Source credit: (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1476; Pub. L. 105–277, div. C, title I, § 142(p), Oct. 21, 1998, 112 Stat. 2681–609; Pub. L. 116–189, §§ 4(a)(10), 7(a)(2)(A)(v), Oct. 30, 2020, 134 Stat. 945, 957.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-225 · 112 Stat. 1476
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2020Amended · Pub. L. 116-189 · 134 Stat. 945, 957

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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