KFPS Royal Friesian

Table of Contents

Clause 1: Disciplinary Regulations
Clause 2: Disciplinary Committee and Appeals Committee
Clause 3: Incompatibilities for Committee Membership
Clause 4: Chairman
Clause 5: KFPS Studbook Office and Secretary
Clause 6: Powers
Clause 7: Violations
Clause 8: Report of a Possible Violation
Clause 9: The Person Concerned
Clause 10: Oral Hearing
Clause 11: Hearing
Clause 12: Witnesses and Experts
Clause 13: Sanctions that May be Imposed
Clause 14: Sanctions
Clause 15: Decision
Clause 16: Appeal
Clause 17: Execution and Enforcement
Clause 18: Administrative Omissions and Measures
Clause 19: Administration Costs
Clause 20: Handling of Administrative Omissions
Clause 21: Violation
Clause 22: Appeal

 

Clause 1   Disciplinary Regulations

1. These Disciplinary Regulations shall be adopted and amended by the General Meeting of Members or   after that body has been established   the KFPS Council of Members.
2. These Disciplinary Regulations shall apply to all members of the KFPS.
3. Only the Disciplinary Committee referred to in these Disciplinary Regulations and in appeal the Appeals Committee shall within KFPS have the power to impose sanctions on members of the KFPS.
4. The KFPS shall facilitate the independent administration and enforcement of these Disciplinary Regulations that apply to the members. KFPS itself is not a party in disciplinary proceedings, not even by the mere fact that the Governing Board or the Management files a Report of a Possible Violation or lodges an appeal. The Governing Board and the Management shall not be held to give any further explanation for filing a Report of a Possible Violation or lodging an appeal, nor to produce any evidence.
5. The Governing Board may delegate the powers conferred on it by these Disciplinary Regulations to the Management.
6. In these Disciplinary Regulations, the term "Person Concerned" shall mean the member against whom a Report of a Possible Violation is lodged and/or the member upon whom further to a lodged Report of a Possible Violation a sanction is imposed by the Disciplinary Committee and/or the Appeals Committee. In the event of a violation of the Equine Anti-Doping Regulations, the term "Person Concerned" shall mean the member or members whose horse after an expert analysis of the extracted sample has been found to be positive.
7. The members, including the Persons Concerned, shall be held on first request to provide all information required by the Disciplinary Committee and the Appeals Committee for the assessment of a case, and to provide any requested collaboration for handling a case.
8. For a timely receipt of the documents referred to in these Disciplinary Regulations shall be decisive the date of the postmark of a mail delivery on the envelope, or if the document is handed over personally, the date of the handing over, which has to appear from a provided written confirmation of receipt.

 

Clause 2   Disciplinary Committee and Appeals Committee

1. The Disciplinary Committee shall consist of a Chairman, a Vice Chairman and other members.
2. The Appeals Committee shall consist of a Chairman, a Vice Chairman and other members.
3. Members of the Disciplinary Committee or the Appeals Committee do not have to be members of the KFPS, provided that each member of a committee who is not a member of the KFPS signs a declaration in which he submits to and declares to comply with the Articles of Association, the regulations and the resolutions of the KFPS.
4. The members of the Disciplinary Committee and the Appeals Committee shall be appointed, suspended and dismissed by the General Meeting of Members, or   after that body has been established   the KFPS Council of Members.
5. The Chairman and the Vice Chairman of the Disciplinary Committee and the Appeals Committee have to be lawyers and are appointed in their position.
6. The appointment shall be for a period of three years, with the possibility of a subsequent appointment for additional periods of each time four years.
7. Appointed members shall enter into office on the day after their appointment as member of the Disciplinary Committee or the Appeals Committee. They shall be part of the Disciplinary Committee or the Appeals Committee up to and including the day on which their membership of the relevant committee ends, unless they at that date are involved in the handling of a case, in which case they shall resign the day after the date at which a ruling is given in the relevant case.

 

Clause 3   Incompatibilities for Committee Membership

1. Membership of the Disciplinary Committee and the Appeals Committee shall be incompatible with membership of the Governing Board and of the Council of Members and with being the Secretary of one of the two Committees or an employee of the KFPS.
2. A member of the Disciplinary Committee or the Appeals Committee shall not participate in the handling of a case in situations in which the member is (or has been) either personally or for another reason involved in that case.
3. A member of the Disciplinary Committee cannot at the same time be a member of the Appeals Committee, nor can he after his resignation as a member of the Disciplinary Committee subsequently as a member of the Appeals Committee be involved in the handling of a case on which he has ruled as a member of the Disciplinary Committee.
3. If a member of the Disciplinary Committee or the Appeals Committee before or during the handling of a case is of the opinion that an incompatibility occurs, or if the relevant Committee member himself for any reason wishes not to be involved in the handling of a case, the relevant Committee member shall as soon as practicable and while stating the reasons for that notify the Chairman of the Disciplinary Committee or of the Appeals Committee respectively, which shall then designate another member of the Committee to assist in handling the relevant case.

 

Clause 4   Chairman

1. The Disciplinary Committee shall be chaired by its Chairman, assisted by a Vice Chairman.
2. The Appeals Committee shall be chaired by its Chairman, assisted by a Vice Chairman.
3. The Vice Chairman shall have the same rights and powers as the Chairman. Where in these Disciplinary Regulations mention is made of the Chairman, this shall also mean to include the Vice Chairman.
4. The Chairman of the Disciplinary Committee and the Chairman of the Appeals Committee shall coordinate the work of their respective Committees, and shall where possible promote the uniformity and consistency of the rulings of their Committees.
5. The Chairman of the Disciplinary Committee and the Chairman of the Appeals Committee shall also be charged with adopting resolutions that they are instructed to adopt in these Disciplinary Regulations. If a Chairman has adopted a resolution as referred to hereinbefore, the matter shall be handled further under the chairmanship of the Vice Chairman.

 

Clause 5   KFPS Studbook Office and Secretary

1. The KFPS Studbook Office shall be responsible for the administrative handling of disciplinary matters.
2. The Management of the KFPS shall arrange the addition of a secretary to the Disciplinary Committee and the Appeals Committee to support casework.
3. The Management may charge to the Secretary any tasks and activities that are charged to the Studbook Office.

Clause 6   Powers

1. The Disciplinary Committee shall address violations in the first instance.
2. The Appeals Committee shall hear any appeals brought against a decision of the Disciplinary Committee by either the Person Concerned of the Governing Board.
3. The Disciplinary Committee and the Appeals Committee shall on the basis of the submitted Report of a Possible Violation assess whether an offense has been committed. The Disciplinary Committee and the Appeals Committee shall have the power to change a Report of a Possible Violation in the case referred to in Clause 8 paragraph 9.
4. The Disciplinary Committee and the Appeals Committee may oblige each member at a hearing to answer questions posed by the relevant Committee orally or in writing. A member of the Governing Board or the Management may while stating the reasons for that refuse to answer a question asked to him by invoking the general interest of the KFPS or the interests of third parties who are not involved the disciplinary case concerned.

 

Clause 7   Violations

1. A violation within the meaning of these Disciplinary Regulations shall mean any act or omission:
 a. by which any provision of the Articles of Association or Bylaws or Regulations of the KFPS, including these Disciplinary Regulations, is violated;
 b. that is in conflict with a resolution or decision of a constituent body or a committee of the KFPS;
 c. that is detrimental to the interests of the KFPS or the pedigree system in general;
 d. in which where a member towards another member, a body, the Studbook Office or a committee of the KFPS does not behave in accordance with that which may be expected and required from that member under the standards of reasonableness and fairness.
2. A violation shall also include any failure to in time, properly or at all perform any obligation, as well as to provide an opportunity for, or to encourage, facilitate or assist in, the commission of a violation.
3. A violation shall be punishable if there is intent, fault, negligence or carelessness of the Person Concerned. If there is use of a prohibited substance, as rendered punishable in the Anti-Doping Regulations, the provisions set forth in the first sentence of this paragraph shall not apply, but towards the Person Concerned the principle of strict liability shall apply.
4. Conclusive evidence of a violation will have been produced if the Committee on the basis of facts and circumstances has become convinced that the Person Concerned has indeed committed the violation. The Committee may also base the evidence on documents, statements, photographs, TV or video footage. The evidence cannot be based on one single document, one single statement or solely on footage, with the exception of a statement of an official who is in office. If there is a violation of the Equine Anti-Doping Regulations, the document of the laboratory stating that the relevant sample contains a prohibited substance shall constitute conclusive evidence of the violation.
5. Violations can also be punished by the Committee if the same conduct can also be or has also been submitted to the criminal courts or to the civil courts.
6. If a violation of these Disciplinary Regulations has been committed, the Secretary shall notify the Governing Board thereof in writing, and the Governing Board may then lodge a Report of a Possible Violation against the Person Concerned.

 

Clause 8   Report of a Possible Violation

1. A member and the Governing Board shall each be authorized to entitled report a violation committed by a member, as referred to in Clause 7. The party who reports the violation shall formulate the violation, unless provided otherwise in these Disciplinary Regulations.
2. If after a doping check the results of the counter analysis   or if no counter analysis is carried out   the result of the expert analysis is positive, the Management shall notify the Person Concerned and the Disciplinary Committee in writing of the findings within two weeks after receipt, which notification shall then be considered to be a Report of a Possible Violation. The Management shall submit the findings of the laboratory that constitute the basis for the disciplinary case initiated against the Person Concerned. The Management shall also submit the Doping Check Form. In so far as the Management after that receives any further documents from the relevant laboratory, it shall send copies thereof to the Disciplinary Committee as soon as possible, which shall in its turn send a copy thereof to the member involved.
3. A member shall submit a Report of a Possible Violation to the Studbook Office in five copies. Reports of a Possible Violation shall be submitted by means of a registered letter. If the member submits the Report of a Possible Violation to the Studbook Office, the member shall receive a proof of receipt thereof.
4. The Governing Board may determine that the Disciplinary Committee will not consider a specific Report of a Possible Violation earlier than after the party who has submitted the report has paid the administrative fee set annually by the Governing Board to the Studbook Office.
5. The Disciplinary Committee shall not take a Report of a Possible Violation into consideration if it relates to a violation that was committed more than four months before the date of receipt of the relevant report, unless the party who has submitted the report in the opinion of the Disciplinary Committee makes it sufficiently plausible that it was not possible to submit the relevant report earlier, and the relevant report was submitted as soon as possible thereafter. If the Disciplinary Committee decides not to take a specific Report of a Possible Violation in consideration, an appeal to the Appeals Committee shall be open, in accordance with the provisions of Clause 16.
6. A Report of a Possible Violation that is submitted anonymously shall not be taken into consideration.
7. The violation described in the report shall be the basis for the handling of a case by the Disciplinary Committee and by the Appeals Committee.
8. Notwithstanding the provisions of paragraph 7, a Report of a Possible Violation can after that only be changed by the party who has submitted the report with the permission of the Disciplinary Committee, which change may be refused if in the opinion of the Disciplinary Committee the requested change of the report could already have been taken into account already the relevant report was originally submitted, or if the Person Concerned would considerably be prejudiced in his defence by that.
9. Notwithstanding the provisions of paragraph 7, the Disciplinary Committee or the Appeals Committee may change a Report of a Possible Violation if it during the handling of the case appears that another similar violation has been committed than the violation described in the relevant report, after which the relevant Committee may continue handling the case on the basis of the changed report, provided that the Person Concerned can raise defences against the amended report.
10. Falsely submitting a Report of a Possible Violation itself constitutes a violation of these Disciplinary Regulations, which will be punished with due observance of these Disciplinary Regulations, albeit that   in deviation from the provisions of paragraph 1   the relevant report will then be formulated by the Secretary. If possible, the case will then be handled by other members of the relevant Committee.

 

Clause 9   The Person Concerned

1. The Secretary shall send the Report of a Possible Violation with accompanying documents by registered letter to the Person Concerned within five working days after receipt.
2. The Person Concerned may lodge a statement of defence against the Report of the Possible Violation. The statement of defence shall be sent by registered letter in fivefold to the Studbook Office. The deadline for the submission of the statement of defence shall be fourteen days. At a motivated request of the Person Concerned, the Chairman of the Disciplinary Committee may extend the aforesaid period up to at most one calendar month. Both periods shall be calculated as from the date of sending the Report of the Possible Violation to the Person Concerned.
3. The Person Concerned shall be held to speak the truth. The Disciplinary Committee and the Appeals Committee may at any time require from the Person Concerned that he himself answers the questions and that he will not refer to his counsel or to any other person to do so.
4. The Person Concerned may let himself be assisted by a counsel both before the Disciplinary Committee and before the Appeals Committee. If the counsel is not a lawyer, the counsel shall together with the statement of defence submit a written power of attorney of the Person Concerned. During an oral hearing the Person Concerned may orally designate a counsel who is not a lawyer as his representative. A counsel shall have the same rights and obligations as the Person Concerned.
5. At the request of the Person Concerned the Studbook Office may send the correspondence of the disciplinary case to the counsel. After that, the Person Concerned cannot invoke ignorance of the course of the proceedings and/or of any actions to be undertaken by him.

 

Clause 10   Oral Hearing

1. The Person Concerned may at the handing of his case by both the Disciplinary Committee and the Appeals Committee request an oral hearing. The request will have to be submitted to the Studbook Office in writing.
2. The Disciplinary Committee and the Appeals Committee may also on their own initiative decide to hold an oral hearing.
3. In deviation from the provisions of the paragraphs 1 and 2, the Disciplinary Committee and the Appeals Committee shall be held to hold an oral hearing if the Report of the Possible Violation or the appeal may result in the imposition of a provisional sanction as referred to in Clause 13 paragraph 9, to an expulsion or an order to pay costs as referred to in Clause 13 paragraph 1 sub g.
4. In the event of an oral hearing, the Studbook Office shall set the date, time and place of location of the oral hearing and shall notify the Person Concerned thereof in writing at least five days before the day of the oral hearing by means of a registered letter.
5. The Studbook Office shall also by letter call other persons of which the Disciplinary Committee or the Appeals Committee considers it advisable that they appear at the oral hearing.
6. Oral hearings shall not be open for the public. The Disciplinary Committee and the Appeals Committee may decide otherwise if they are of the opinion that the importance of the case requires the same. If the oral hearing is a public hearing, the Person Concerned and the Governing Board of the KFPS may each let the oral hearing be attended by at most three members of the general public, who in that case cannot be heard as a witness afterwards.
6. If no oral hearing has been determined, the case will be settled in writing.

 

Clause 11   Hearing

1. The Disciplinary Committee and the Appeals Committee shall determine who has access to a hearing.
2. If the person concerned has not appeared at the hearing, the Disciplinary Committee and the Appeals Committee shall check whether the person concerned has been duly summoned. If the person concerned has not been duly summoned, or if the Disciplinary Committee or the Appeals Committee for another reason is of the opinion that an adjournment of the hearing is required, it shall adjourn the hearing until a date to be determined further. The Person Concerned shall be informed thereof by the Studbook Office in writing.
3. If a witness or expert does not appear at the hearing, the Disciplinary Committee or the Appeals Committee may decide to postpone the hearing or to adjudicate the case to the extent then possible, and to continue the hearing for the defaulting witness or expert at another date.
4. The Person Concerned and his counsel may attend the entire hearing, unless the provisions of paragraph 5 apply.
5. The Disciplinary Committee and the Appeals Committee may deny any person whose conduct gives rise thereto the right to attend the hearing any further.
6. The members of the Disciplinary Committee and the Appeals Committee shall if necessary ask questions to the Person Concerned and any other persons to be heard. The Person Concerned may request to be permitted to ask additional questions. This request shall be complied with, unless the questions in the opinion of the Chairman are not relevant.
7. If the Disciplinary Committee or the Appeals Committee believes that there may exist another similar violation than the violation mentioned in the relevant report, the Chairman shall inform the Person Concerned thereof and shall grant him the opportunity to raise a defence against that, either   whether or not after a suspension   at the hearing or at a later hearing or otherwise.
8. The Secretary shall draw up a relevant and concise summary of the oral hearing, which will be signed by the Chairman and Secretary. If no Secretary is present at the hearing, one of the other members of the Committee shall act as Secretary who will as then have the rights and powers of the Secretary.

 

Clause 12   Witnesses and Experts

1. The Disciplinary Committee and the Appeals Committee shall have the right to call witnesses and experts for a hearing. The Studbook Office shall notify the Person Concerned thereof and of their names and expertise.
2. The Person Concerned himself may at a hearing call up to at most three witnesses and/or experts, and shall within at most three days before the hearing notify the Studbook Office thereof in writing while stating their names and addresses. Of an expert also his expertise shall be stated. Only with prior written permission of the Chairman may the Person Concerned call more than three witnesses and/or experts.
3. If the Disciplinary Committee or the Appeals Committee in a doping case calls a member of the Doping Advice Committee to appear as an expert, it will notify the Person Concerned thereof and of that expert's expertise.
4. Members of the KFPS that are called as witnesses or experts shall be held to appear. Also other persons than members can be called as witnesses or experts.
5. Witnesses and experts may in principle only be heard at the hearing. If a witness or expert reasonably cannot be present at a hearing, he may with the consent of the Chairman submit a written declaration that is signed by him, which will be made available to the Person Concerned for inspection.
6. Witnesses shall be held to tell the truth. Experts shall be held to answer in accordance with their expert knowledge. The Chairman may ask them to sign a concise summary of their statements.
7. Any failure to declare truthfully shall constitute a violation that may be punished in accordance with these Disciplinary Regulations. The provisions of Clause 8 paragraph 10 shall as then apply mutatis mutandis, on the understanding that the Report of a Possible Violation will be formulated by the Secretary of the Committee before which the failure to declare truthfully has taken place. The handling of the relevant Report of a Possible Violation will as then if possible be done by other members of the Committee.

 

Clause 13   Sanctions that May be Imposed

1. The following sanctions may be imposed:
 a. a reprimand;
 b. a fine up to a maximum of EUR 50,000.00;
 c. exclusion from participation in an event, including a performance test;
 d. exclusion from participation in one or more activities of the KFPS;
 e. denial of the right to hold one or more offices in the KFPS;
 f. withdrawal of a qualification given to a horse during an event;
 g. an order to pay costs as referred to in paragraph 3 of this Clause;
 h. the sanctions mentioned in the Equine Anti-Doping Regulations;
 i. publication in the official communications of the KFPS of the sanction of the Person Concerned with his name and address;
 j. suspension;
 k. expulsion.
2. If the Equine Anti-Doping Regulations in case of a violation prescribe a mandatory sanction, the Disciplinary Committee and the Appeals Committee shall be held to impose that sanction, but they shall be free to determine the scope or height of the sanction themselves, unless the Equine Anti-Doping Regulations also prescribes a mandatory scope or height of the sanction. If the Equine Anti-Doping Regulations in case of a violation of those Regulations forbid imposing a specific sanction, the Disciplinary Committee and the Appeals Committee shall be not permitted to impose that sanction.
3. The Governing Board of the KFPS may in the Report of a Possible Violation or in appeal before the relevant Appeals Committee submit an independent request to impose a specific sanction and/or to order the Person Concerned to pay the costs of the disciplinary proceedings in full or in part, including the office expenses of the KFPS and the costs of the Secretary.
4. If due to the Person Concerned or his counsel, the Secretary, the Studbook Office of the KFPS and/or the counsel of the KFPS in a disciplinary case has spent more than four hours, the Governing Board can also request the relevant Committee not only to order the Person Concerned to pay the costs referred to in paragraph 3, but also the extra costs for the hours in excess of the aforementioned four hours. If the Governing Board makes the request referred to in this paragraph, the Management, an official and/or the counsel of the KFPS shall be permitted at the hearing to give an explanation of the claimed costs.
5. If the Person Concerned has committed more violations, for each violation a separate sanction may be imposed. The Disciplinary Committee and/or the Appeals Committee may then also suffice with the imposition of one single sanction.
6. The sanctions of fine, exclusion from participation in a performance test and/or denial of the right to hold one or more offices can be imposed conditionally. The conditional part of such a sanction shall be for a time period of at most two years. Other sanctions cannot be imposed conditionally. The Equine Anti-Doping Regulations may provide otherwise.
7. A reprimand, suspension and an expulsion may   with exclusion of publication of the sanction   not be imposed together with another sanction.
8. If the Person Concerned within the period set for a conditionally imposed sanction again commits a violation, the Disciplinary Committee and/or the Appeals Committee may decide yet to convert the conditional part of the sanction into an unconditional sanction and in addition to impose a separate sanction for the new violation.
9. If a violation that has been reported constitutes a serious violation of the legal order within the KFPS, the Disciplinary Committee may, as soon as the violation has been reported and before a defence was raised or an oral hearing was held, impose a provisional sanction upon the Person Concerned. The period within which raising a defence is possible as referred to in Clause 9 paragraph 2 shall as then continue to apply.

 

Clause 14   Sanctions

1. A reprimand may be imposed as a sanction if the Disciplinary Committee and/or the Appeals Committee are of the opinion that a simple warning will suffice.
2. A fine may be imposed as a sanction if the Person Concerned has realised a financial advantage by the violation or has prejudiced the interests of the KFPS or of another member, or if the Disciplinary Committee and/or the Appeals Committee is of the opinion that a fine, whether or not in combination with another sanction, is appropriate.
3. An exclusion from participation in a performance test may also be imposed as a temporary sanction; also if the relevant horse already participates in a performance test, in which case the participation may be terminated with immediate effect. If a horse has qualified for participation in the performance test and the Disciplinary Committee or the Appeals Committee before or during that participation in its ruling establishes a violation of the Equine Anti-Doping Regulations, the participation in the performance test shall be terminated with immediate effect. If by way of sanction participation in the performance test is terminated, the horse may participate in a next performance test and any events prescribed for that, provided that the horse meets the conditions for participation in the general conditions that apply, and qualifies itself for that next test.
4. An exclusion from participation in activities of the KFPS shall be imposed as a sanction for a definite period of time and/or for certain activities and/or events.
5. The denial of the right to hold one or more offices in the KFPS shall only be imposed as a sanction if the violation has been committed in the performance of a specific office. The aforesaid denial shall regard that office, but shall also regard other offices in the KFPS to be determined by the Disciplinary Committee and/or the Appeals Committee. The denial shall have effect for a maximum duration of three years.
6. A sanction mentioned in the Equine Anti-Doping Regulations shall only be imposed in case of a violation of the Equine Anti-Doping Regulations.
7. A suspension shall be imposed as a sanction if the violation is so serious that a lighter sanction does not suffice, and an expulsion is a too heavy sanction. A suspension may be imposed for a maximum duration of five years. During the suspension the Person Concerned cannot hold an office and cannot exercise his membership rights, nor participate in activities and/or events of the KFPS, whereas the obligations arising from the membership shall continue to apply to the member in full.
8. Expulsion from membership shall be imposed as a sanction if the Person Concerned to a serious degree violates the Articles of Association, Bylaws, Regulations and/or resolutions of constituent bodies of the KFPS, and does so in such a degree that the violation justifies expulsion from membership.
9. If a sanction applies for a definite period of time or for specific activities or offices, this shall be stated in the decision.
10. The publication of the sanction shall take place in the manner as provided for in Clause 15 paragraph 4.

 

Clause 15   Decision

1. The Disciplinary Committee and/or the Appeals Committee respectively shall as soon as possible, but no later than three weeks after the completion of the assessment of the case, issue a decision in writing.
2. The relevant Committee may also within one week after the completion of the assessment of the case render an oral decision that only reflects the essence of the decision, and subsequently within two weeks after the date of that oral decision issue a reasoned decision in writing.
3. A decision of the Disciplinary Committee and the Appeals Committee shall be established by a resolution of the relevant Committee adopted with the absolute majority of the votes cast. The Committee members shall each have one vote. The Secretary shall attend the deliberations at the hearing in chambers, but shall not take part in the casting of votes.
4. The Disciplinary Committee and/or the Appeals Committee respectively shall in the decision in principle state the full name and place of residence of the Person(s) Concerned, unless the relevant Committee for reasons of a serious nature suffices with stating the initials of the Person(s) Concerned and the full place(s) of residence, or with stating the full name(s) and the first letter of the place(s) of residence. If the relevant Committee does not include the name and/or address of the Person Concerned in full in the decision, these will be included in full in the disciplinary records.
5. If the Disciplinary Committee finds that the violation specified in the Report or in the changed Report has not been committed, it shall acquit the Person Concerned.
6. If the Disciplinary Committee finds that the violation referred to in the Report or in the changed Report has been committed, it shall notify the Person Concerned for which violation which sanction is imposed.
7. If the Appeals Committee is of the opinion that the decision of the Disciplinary Committee can be upheld, it will confirm that decision.
8. If the Appeals Committee is of the opinion that the decision of the Disciplinary Committee cannot be upheld, it shall adapt that decision and shall decide whether the Person Concerned will be acquitted, or in respect of which violation which sanction will be imposed.
9. When determining the sanction and/or the scope or amount of the sanction, in similar cases the same standards will be applied as much as possible.
10. In the decision it shall also be determined whether and to what extent the costs associated with the handling of a case will be borne by the party who submitted the report and/or the Person Concerned and/or the KFPS. These costs shall include the costs of the Studbook Office, of the Secretary and of the relevant Committee. If the Person Concerned is ordered to pay the additional costs as referred to in Clause 13 paragraph 4, these shall be determined by the Committee on the basis of the standards of reasonableness and fairness, and the basis of and grounds for that order shall be stated in the decision to the Person Concerned.
11. The Studbook Office shall send the decision of the Disciplinary Committee and/or the Appeals Committee by registered letter with confirmation of receipt to the Person Concerned. The Studbook Office shall also send the decision to the Governing Board.
12. The decisions of the Appeals Committee and of the Disciplinary Committee shall   if no timely appeal has been lodged against that - be irrevocable and binding for the Person Concerned and all members of the KFPS.

 

Clause 16   Appeal

1. Except in case of an acquittal, the Person Concerned may lodge an appeal against any decision of the Disciplinary Committee at the Appeals Committee. The appeal can only be lodged by the Person Concerned himself or by his counsel or legal representative. If the Person Concerned is visually impaired, is under guardianship or if a tutor or mentor looks after his interests, the Person Concerned or the person or institution that looks after his interests may with the consent of the Person Concerned also lodge an appeal on his behalf. If a lodged appeal is withdrawn before it is assessed, the Person Concerned shall be due am amount for administration costs determined by the Governing Board.
2. Where a horse is owned by more than one member, each owner may lodge an appeal against a decision and shall state in the notice of appeal which owners lodge the appeal and which not. A decision by the Appeals Committee can only apply to the owner(s) that has (have) lodged the appeal. A member/owner who has not lodged an appeal cannot be affected in person by the decision of the Appeals Committee. In so far as the decision of the Appeals Committee regards the owners of the relevant horse, that decision shall be one single and indivisible decision and shall also affect the owner(s) who has(have) not lodged an appeal.
3. If the Governing Board is of the opinion that a decision of the Disciplinary Committee, including an acquittal, is in conflict with the general interest of the KFPS, the Governing Board may lodge an appeal on behalf of the KFPS.
4. The period within which an appeal can be lodged shall be two weeks from the date of the written decision of the Disciplinary Committee, which shall be considered to be two days after the date of sending, unless the Person Concerned can satisfactorily demonstrate or make probable that he has not been able to take note of the decision of the Disciplinary Committee earlier. Only if the Disciplinary Committee has decided to impose the sanction of expulsion shall the appeal period be one month. This period shall also apply for the Governing Board if the Disciplinary Committee, in spite of a request to do so from the Governing Board, has not decided to impose the sanction of expulsion.
5. An appeal shall be lodged by a notice of appeal stating why the appeal is lodged. The notice of appeal shall be submitted in five original copies to the Studbook Office by registered letter. The Governing Board may suffice with lodging the notice of appeal.
6. If the appeal is lodged in a timely manner, the Person Concerned may, if desired, suffice with lodging a purely formal appeal, provided that the Studbook Office has not later than fourteen days after the receipt of the formal appeal received a supplementary notice of appeal stating the grounds of the appeal. This right shall also accrue to the Governing Board if it lodges an appeal.
7. For the assessment of the appeal the Person Concerned shall be due an amount of administration costs that is set by the Governing Board annually, which amount will have to be remitted to the Studbook Office concurrently with the lodging of the appeal. The notice of appeal shall not be taken into consideration until after receipt of the aforesaid amount for administration costs. That amount will have to be paid at the latest within the (extended) period for appeal by transfer to a bank account of the KFPS specified by the Studbook Office. The Studbook Office may subsequently only extend that period once by fourteen days. If as then no payment has been made, the appeal of the Person Concerned cannot be heard.
8. If the Person Concerned is acquitted by the Appeals Committee, the administration costs paid by the Person Concerned in appeal shall be reimbursed to him.
9. The provisions of Clause 17 shall be applicable to the enforcement of a sanction during the assessment of an appeal.

 

Clause 17   Execution and Enforcement

1. The Governing Board shall see to the execution and enforcement of sanctions.
2. The Person Concerned, other members and constituent bodies of the KFPS shall be held to cooperate with the execution of an imposed sanction. Any failure to do so shall in itself constitute a violation.
3. The execution of a sanction imposed by the Disciplinary Committee shall commence at the date at which the Committee issues the decision, unless the decision itself provides otherwise.
4. Lodging an appeal shall not suspend the execution of a sanction. At the request of the Person Concerned, the Chairman of the Appeals Committee may suspend the execution of a sanction during the assessment of the appeal. The request to suspend the execution of the sanction may be made concurrently with the filing of a notice of appeal, but not earlier. The request shall not be taken into consideration until after fulfilment of the conditions set in Clause 16 paragraph 6. The Chairman of the Appeals Committee shall on request issue a written decision, which decision shall not bind the Appeals Committee in its final decision.
5. The Governing Board may suspend the execution of an imposed sanction if in respect of that imposed sanction new facts or circumstances come up that   if these would have been known during the handling of the case by the Disciplinary Committee or the Appeals Committee - would with a high degree of certainty have led to an acquittal or to a much lighter or other sanction. Such a request for review must be made in writing by the Person Concerned, with a detailed description and explanation of those new facts and circumstances. The Governing Board may only take the request into consideration if at that moment no possibility of appeal is open.
6. If the Governing Board accepts the request for review and suspends the execution, the Governing Board shall make the request available to the Disciplinary Committee, which shall treat the request as if was a Report of a Possible Violation. The Disciplinary Committee shall then assess the case anew, and against the subsequent new decision an appeal may be lodged.
7. The request for revision may only be made once.

 

ADMINISTRATIVE OMISSIONS

Clause 18   Administrative Omissions and Measures

1. As administrative omissions shall be qualified:
 a. any failure to pay any due amounts of money in time or at all;
 b. any failure to submit, fill out in full or submit in time any forms prescribed by the KFPS;
 c. any failure to provide information and data to the Governing Board or any other body or committee of the KFPS;
 d. any omissions specified in any Bylaws and/or Regulations.
2. If a default referred to in paragraph 1 continues to last for more than two weeks, the Governing Board shall be authorized, for each week or part thereof that the default continues after that, to charge the amount of administration costs determined for that by the Governing Board. The Governing Board may under its responsibility also delegate the imposition of administrative costs to other constituent bodies of the KFPS.
3. The Governing Board shall be authorized to take administrative measures in respect of an administrative omission.
4. An administrative measure shall consist of charging the administrative costs referred to in Clause 19.
5. As soon as a Report of a Possible Administrative Omission has been submitted or a notice of objection has been submitted regarding an administrative omission, the authority of the Governing Board in respect of that omission lapses and only the Disciplinary Committee   and in appeal the Appeals Committee   shall be authorized to assess the omission in accordance with the Disciplinary Regulations.

 

Clause 19   Administration Costs

1. The Governing Board shall annually for each administrative omission set an amount for administration costs and shall publish them in the official communications before the start of the season.
2. The Governing Board shall charge the Person Concerned or his association in current account with the amount of the administration costs, or shall charge these costs to the Person Concerned in another manner.

 

Clause 20   Handling of Administrative Omissions

1. The Governing Board shall notify the Person Concerned in writing in respect of which administrative omission which administrative measure will be taken. That notification may also be effected by setting off the administrative amount thus due with any balance on an account held by the Person Concerned and/or his association with the KFPS, or in any other manner that is usual within the KFPS, provided that the administrative measure can be known by the Person Concerned.
2. A Person Concerned who does not agree with the administrative measure taken against him, may raise objections against the relevant administrative measure within fourteen days after the notification referred to in paragraph 1 by submitting a notice of objection to the Governing Board.
3. The Governing Board may on the basis of the notice of objection withdraw, change or maintain the administrative measure.
4. In the event that an administrative measure is changed or maintained, the Person Concerned may by means of a notice of objection present the case to the Disciplinary Committee, in which case Clause 8 shall apply and the Disciplinary Committee will assess the objection in the same manner as in which a Report of a Possible Violation is assessed.

 

Clause 21   Violation

1. If an administrative omission lasts longer than four weeks, the omission may be qualified as a violation as referred to in Clause 7, and the Governing Board may submit a Report of a Possible Violation in respect thereof to the Disciplinary Committee, which shall as then deal with the case with due observance of the provisions of Clause 8.
2. If in the opinion of the Disciplinary Committee there is a violation as referred to in Clause 7, it may impose fines on the Person Concerned up to a maximum as specified in Clause 13 paragraph 1.
3. The Disciplinary Committee and the Appeals Committee shall be authorized to sanction a violation if in respect of that same violation an administrative measure has been taken or is expected to be taken.

 

Clause 22   Appeal

1. If the fine imposed by the Disciplinary Committee plus the amount charged for administrative costs amounts to more than EUR 100.00, the Person Concerned may lodge an appeal against the imposition of that fine at the Appeals Committee.
2. The provisions of Clause 16 shall as then apply to that appeal.