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Rules and Regulation

DC 8.2

Hearings arising out of Member Federation results management process.
DC 8.2.1 When it appears, following a Member Federation’s results management process described in DC 7, that an anti-doping rule violation has occurred, the Member Federation with results management authority shall provide the Athlete or other Person the opportunity for a fair hearing in a timely manner by a fair and impartial hearing panel. Hearings conducted by Member Federations shall respect the principles described in DC 8.1 above.

DC 8.2.2 Hearings held in connection with Competitions may be conducted by an expedited process. FINA may request a Member Federation with results management responsibility to expedite a hearing in order to allow a final decision before the commencement of an International Competition.

DC 8.2.3 FINA shall have the right to attend hearings conducted by a Member Federation as an observer. Member Federations shall keep FINA fully apprised as to the status of pending cases and the results of all hearings.

DC 8.2.4 Member Federations shall provide a written decision, either by the Member Federation’s hearing body, or by the Member Federation itself where a hearing has been waived, which sets out the full reasons for any period of Ineligibility imposed, including (if applicable) a justification for why the maximum potential period of Ineligibility was not imposed. The decision shall be submitted to all parties with a right to appeal described in DC 13.

DC 8.2.5 Hearing decisions by the Member Federation shall not be subject to further administrative review at the national level except as provided in DC 13 or required by applicable national law.

DC 8.2.6 If the completion of the hearing is delayed beyond three (3) months as of the completion of the results management process described in DC 7 or if a Member Federation refuses a hearing to an Athlete or other Person, FINA may elect to bring the case directly before the FINA Doping Panel. Where FINA assumes responsibility for results management under DC 7.7.5 and 7.7.7 or the hearing under DC 8.2.2, the Member Federation shall provide all requested documentation and shall be responsible for FINA’s costs relating to the results management process or hearing. If the documentation exists in any language other than English or French, the Member Federation shall have such documentation translated to English.