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SECTION W: DISCIPLINARY<br />

W.42.1. where the complaint has been admitted, he shall invite the Board or its<br />

representative to outline the facts and shall give the Respondent the<br />

opportunity to add to any mitigation contained in the answer;<br />

W.42.2. where the complaint has been denied, the proceedings shall be conducted<br />

on an inquisitorial basis; the witnesses shall be taken through their<br />

evidence in chief by the party tendering such evidence and may be<br />

subject to cross-examination by the opposing party (at its option) and<br />

re-examination if required. Witnesses may also be examined by the<br />

chairman of the Commission and its members;<br />

W.42.3. the parties shall be permitted to put questions to witnesses;<br />

W.42.4. witnesses may be examined on oath;<br />

W.42.5. at the conclusion of the evidence the parties shall each be invited to<br />

address the Commission.<br />

W.43. The chairman of a Commission may order that a transcript of the proceedings<br />

be taken.<br />

W.44. The proceedings of a Commission shall be conducted in private. R.40<br />

W.45. The Board shall have the onus of proof on a balance of probabilities. R.41<br />

W.46. If the members of a Commission are not unanimous the decision of the majority<br />

of them shall prevail.<br />

W.47. In the case of a determination by written representations the Commission’s<br />

decision shall forthwith be communicated in writing by the chairman of the<br />

Commission to the parties.<br />

W.48. In the case of a determination at a hearing the Commission’s decision shall be<br />

announced as soon as practicable thereafter and if possible at the end of the<br />

hearing and shall be confirmed in writing by the chairman of the Commission to<br />

the parties.<br />

W.49. In either case, unless the parties otherwise agree, the Commission shall give its<br />

reasons for its decision. In the event of a majority decision no minority opinion shall<br />

be produced.<br />

W.50. Members of a Commission shall be entitled to receive from the League a<br />

reasonable sum by way of fees and expenses.<br />

Commission’s Powers Old Rule<br />

W.51. Upon finding a complaint to have been proved a Commission shall invite the<br />

Respondent to place any mitigating facts before the Commission.<br />

R.47<br />

W.52. Having heard and considered such mitigation (if any) the Commission may:<br />

W.52.1. reprimand the Respondent;<br />

W.52.2. impose upon the Respondent a fine unlimited in amount;<br />

W.52.3. in the case of a Respondent who is a Manager, Match Official, Official or<br />

Player, suspend him from operating as such for such period as it shall think fit;<br />

R.39<br />

R.42<br />

R.43<br />

R.44<br />

R.45<br />

R.46<br />

R.48<br />

193<br />

<strong>PREMIER</strong> <strong>LEAGUE</strong> RULES: SECTION W

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