FAW rules -

COMMENCEMENT OF PROCEEDINGS BEFORE A PANEL – NOTICES, FEES AND PROCEDURE

 

 

28.         The following will apply if a Party wishes to refer a matter to the Disciplinary Panel:-

 

28.1      Where the Association brings a charge of an alleged Disciplinary Offence under Rule 25.1:-

 

28.1.1          the Association will give a Disciplinary Notice to the other Party;

 

28.1.2          the Party charged will have seven (7) Business Days after service of the Disciplinary Notice to reply stipulating whether (a) they admit or deny the charge and (b) whether they wish to waive their right to a private hearing before the Disciplinary Panel. If the charge is denied, the reply must state the grounds of denial and the Party charged will not be permitted to raise any other grounds of denial without the leave of the chairman of the Disciplinary Panel; 

 

28.1.3          if the Party charged fails to reply to the Disciplinary Notice within seven (7) Business Days, they will be deemed to have denied the charge and to have waived their right to a private hearing before the Disciplinary Panel. In such circumstances the Association will, without further notice to the Party charged, convene a Disciplinary Panel who will consider the alleged Disciplinary Offence in the absence of the Party charged and the provisions of Rules 28.1.4 to 28.1.11 inclusive shall not apply;

 

28.1.4          if the Party charged has replied to the Disciplinary Notice and requested a private hearing the Association will give the Party charged no less than seven (7) Business Days written notice of the date, time and place of the hearing and the provisions of Rules 28.1.5 to 28.1.11 inclusive shall apply;

 

28.1.5          where the Party charged is an individual person, they will be required to attend the hearing in person. Where the Party charged is not an individual person, one or more duly authorised senior representatives of the Party will attend the hearing, whether directors, officers or otherwise;   

 

28.1.6          the Association and the Party charged will disclose to each other such documents as they intend to produce in evidence at the hearing. Whenever reasonably possible, the parties will make such disclosures no less than two (2) Business Days prior to the hearing;

 

28.1.7          the Association and the Party charged will be entitled to make opening and closing remarks at the hearing and to call witnesses who will be expected to answer questions in cross-examination. Members of the Disciplinary Panel will be entitled to ask questions of any witness during the hearing. The Party charged will not be obliged to give evidence in person but the Disciplinary Panel will be entitled to draw such inference as may be reasonably appropriate if the Party charged declines to do so. The chairman of the Disciplinary Panel will warn the Party charged of this fact;  

 

28.1.8          the Disciplinary Panel hearing will proceed in the absence of the Party charged, unless the Disciplinary Panel reasonably considers that the Party charged has given an acceptable reason for such non-attendance, in which case the hearing will be adjourned;

 

28.1.9          the Disciplinary Panel will retire to consider its findings in private. A decision may be announced on the day or reserved to a later date, in which case, the decision will be delivered in writing;

 

28.1.10       if the Disciplinary Panel finds the Party charged guilty of the Disciplinary Offence at a Disciplinary Panel hearing attended by the Party charged, no penalty or sanction will be imposed until:-

 

28.1.10.1     the Disciplinary Panel has been informed by the Association of any previous Disciplinary Offences recorded against the guilty Party; and

 

28.1.10.2     the guilty Party has been given the opportunity to make representations in mitigation of the Disciplinary Offence;

 

28.1.11       the Association and the Party charged shall be entitled to legal or other representation at the Disciplinary Panel hearing;  

 

28.1.12       where the Party charged has waived the right to a private hearing or is deemed to have waived such right, or where the Party charged does not attend the private hearing, the Disciplinary Panel will consider such information as it considers reasonably necessary to decide the matter including, without limitation, any written representations made for or on behalf of the Party charged and representations (whether written or verbal) made for or on behalf of the Association. The Disciplinary Panel will be entitled to seek such further information or evidence as it deems necessary. If the Disciplinary Panel finds the Party charged guilty of the Disciplinary Offence, the Association will inform the Disciplinary Panel of any other Disciplinary Offences recorded against the guilty Party but the Disciplinary Panel will not be obliged to invite the guilty Party to make further representations in mitigation of the Disciplinary Offence before imposing a penalty;

 

28.1.13       whether or not the hearing takes place, the Disciplinary Panel will have absolute discretion whether to make a cost order for or against the Party charged; and

 

28.1.14       whether or not a hearing takes place, the Association will send written confirmation of the Disciplinary Panel’s findings to the Party charged.

 

28.2      In the case of any other proceedings pursuant to Rule 25 under the jurisdiction of the Disciplinary Panel:-

 

28.2.1          the Party wishing to commence the proceedings will give a Request Notice to the Association (marked for the attention of the General Secretary of the Association) and the other Party or Parties;   

 

28.2.2          in an appeal under Rules 25.2 and 25.3 against a decision of a Member, the Request Notice will be served on the Association not more than seven (7) Business Days after the earlier of (a) the Member announcing its decision at the time of its hearing (if any) or (b) receipt by the Party appealing of written notification of the Member’s decision. For the purposes of (b) above, the provisions of the Football Association of Wales Rule 144 (as to the services or notices etc) shall apply to the said written notification issued by the Member. Any Request Notice lodged after seven (7) Business Days will be rejected unless the Party lodging the same can demonstrate to the reasonable satisfaction of the Association that it was not reasonably practicable to lodge the Request Notice within the time limit;

 

28.2.3          the following appropriate Request Fee must accompany the Request Notice:-

 

28.2.3.1     £50.00 in all cases;

 

28.2.4          any Request Notice which is not accompanied by the appropriate Request Fee will be rejected by the Association and any incorrect fee will be returned and, in the case of an appeal under Rules 25.2 or 25.3, time will continue to run for the service of the Request Notice within the original seven (7) Business Days period stipulated in Rule 28.2.2;   

 

28.2.5          the Association will within twenty (20) Business Days of actual receipt of the Request Notice send a written notice to the Parties confirming the date, time and place of the Disciplinary Panel hearing. In the case of an appeal under Rules 25.2 or 25.3, the Disciplinary Panel proceedings will be a re-hearing of the case and the Disciplinary Panel will decide the matter on the basis of the evidence produced to them. At any time prior to the Disciplinary Panel hearing, any Party will have the right to waive their right to a private hearing but a hearing will take place unless all Parties agree in writing to waive their right to a private hearing;   

 

28.2.6          where the Party involved is an individual person, they will be required to attend a hearing in person. Where the Party involved is not an individual person, one or more duly authorised senior representatives of the Party will attend the hearing, whether directors, officers or otherwise;   

 

28.2.7          the Parties involved will disclose to each other and to the Association such documents as they intend to produce in evidence at the hearing. Whenever reasonably possible the Parties will make such disclosures no less than two (2) Business Days prior to the hearing;

 

28.2.8          the Parties will be entitled to make opening and closing remarks at the hearing and to call witnesses who will be expected to answer questions in cross examination. Members of the Disciplinary Panel will be entitled to ask questions of any witnesses during the hearing. No Party will be obliged to give evidence in person but the Disciplinary Panel will be entitled to draw such inference as may be reasonably appropriate if the Party declines to do so. The chairman of the Disciplinary Panel will warn the Party concerned of this fact;  

 

28.2.9          the Disciplinary Panel hearing will proceed in the absence of either Party, unless the Disciplinary Panel reasonably considers that the absent Party has given an acceptable reason for such non-attendance, in which case the hearing will be adjourned;

 

28.2.10       the Disciplinary Panel will retire to consider its findings in private. A decision may be announced on the day or reserved to a later date in which case the decision will be delivered in writing;

 

28.2.11       the Parties will be entitled to legal or other representation at the Disciplinary Panel hearing;   

 

28.2.12       where the Parties to the appeal have all waived their rights to a private hearing, the Disciplinary Panel will consider such information as it considers reasonably necessary to decide the matter including, without limitation, any written representations made for or on behalf of the Parties. The Disciplinary Panel will be entitled to seek such further information or evidence as it deems necessary;

 

28.2.13       whether or not a hearing takes place, the Disciplinary Panel will have absolute discretion whether to make a cost order for or against a Party to the proceeding; and

 

28.2.14       whether or not a hearing takes place, the Association will send written confirmation of the Disciplinary Panel’s findings to the Parties.

 

29.         A Party has a right of appeal to the Football Association of Wales against a decision or any part of a decision of a Disciplinary Panel made under any part of Rule 25, except that the Association will only have the right to appeal against the penalty or sanction imposed by the Disciplinary Panel made under Rule 25.1 and not against a finding of not guilty.

 

30.         The Party wishing to commence proceedings will give a Request Notice to the Football Association of Wales and the other Party or Parties. The Request Notice must be served on the Football Association of Wales not more than seven (7) Business Days after the earlier of (a) the decision being announced at the time of the hearing or (b) receipt by the Party appealing of the written notification of the decision. A Request Notice must be accompanied with the appropriate fee (made payable to the FAW) and be addressed to the Chief Executive Officer at The Football Association of Wales, 11/12 Neptune Court, Vanguard Way, Cardiff CF24 5PJ. A Business Day is any day of the week except a Saturday or Sunday or public bank holiday in Wales.

 

PENALTIES AND OTHER POWERS

 

31.         Where:-

 

31.1      under any provision of Rule 25.1 the Disciplinary Panel finds the Party charged guilty of a Disciplinary Offence, the Disciplinary Panel shall apply the following penalties against the Party charged (or two or more concurrently):-    

 

31.1.1          suspension from, or any involvement in Association Football either permanently or for an indefinite period or for a specific and stated period in accordance with the Football Association of Wales’ Categories of Suspension Regulations;

 

31.1.2          a fine;

 

31.1.3          a censure;

 

31.1.4          the closure of a football ground either permanently or for an indefinite period or for a specific and stated period;

 

31.1.5          the guilty Party, if a club, to forfeit points awarded in one or more competitions;

 

31.1.6          the guilty Party, if a club, to be disqualified from playing in one or more competitions;

 

31.1.7          such other penalty as the Disciplinary Panel shall reasonably deem fit including, without limitation, a written undertaking from the guilty Party as to their future conduct;

 

31.1.8          the guilty Party, if a club, to make such publication in its match day programme, website or other publication medium as the Disciplinary Panel may direct; or

 

31.1.9          a transfer embargo preventing the guilty Party, if a club, from signing new Players during such period as the Association shall stipulate.   

 

31.1.10        the guilty party, if a Club, to be relegated to the league and/or division stipulated by the Disciplinary Panel.                

 

31.2      under Rules 25.2 or 25.3 the Disciplinary Panel hears an appeal by a Subordinate or other third party against a decision of a Member, the Disciplinary Panel will have the power to grant or deny the appeal (in whole or in part) and the power to increase or decrease the penalty or sanction (if any) imposed by the Member or substitute such other penalty or sanction as the Disciplinary Panel shall deem fit; and

 

31.3      in the case of any other proceedings under the jurisdiction of the Disciplinary Panel pursuant to Rules 25.4 or 25.5, the Disciplinary Panel will have the power to make such order or ruling as it deems reasonable to resolve the dispute or difference.

 

32.         If a Party is in default for twenty-one (21) calendar days in failing to pay or carry out any penalty, sanction, order or ruling made by the Disciplinary Panel, (a) the Party will automatically be suspended from all Association Football related activity under the jurisdiction of the Association as defined in the Football Association of Wales’ Categories of Suspension Regulations, which for the purpose of this Rule 32 shall be read as applying to any person or other legal entity, until the penalty, sanction, order or ruling has been paid or complied with in full and (b) the Association shall have the right to refer the non-compliance back to the Disciplinary Panel which made the relevant decision and that Panel shall have the power to impose further penalties, sanctions, orders or rulings as a result of a non-compliance. It is the responsibility of the club, to which the player or official is associated, to pay a fine and/or other financial penalty imposed by a Disciplinary Panel on the player or official.      

 

 

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