KFPS Royal Friesian

KFPS DISCIPLINARY REGULATIONS

 

TABLE OF CONTENTS

 

Clause 1:    Disciplinary Regulations
Clause 2:    Disciplinary Committee and Appeals Committee
Clause 3:    Incompatibilities 
Clause 4:    Chairman
Clause 5:    Studbook Office and Secretary
Clause 6:    Authorities
Clause 7:    Violations
Clause 8:    Report of a Possible Violation
Clause 9:    The Member
Clause 10:    Oral Hearing
Clause 11:    Hearing
Clause 12:    Witnesses and Experts
Clause 13:    Imposed Sanctions 
Clause 14:    Sanctions
Clause 15:    Ruling
Clause 16:    Appeal
Clause 17:    Enforcement
Clause 18:    Administrative Omissions and Measures
Clause 19:    Administration Costs
Clause 20:    Treatment of Administrative Omissions
Clause 21:    Violation
Clause 22:    Appeal

 

Clause 1   Disciplinary Regulations

1.    These Disciplinary Regulations shall be adopted and amended by 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 case of appeal the Appeals Committee are authorised by the KFPS to impose sanctions on members of the KFPS.
4.    The KFPS facilitates the independent disciplinary proceedings that apply to the members. The KFPS is not a party in disciplinary proceedings, not even by the mere fact that the Governing Board or the Direction files a report of a possible violation or lodges an appeal. The Governing Board and the Direction are neither held to give any further explanation for filing the report of a possible violation or for lodging the appeal, nor to produce any evidence.
5.    The Governing Board has the right to delegate the authorities implied by these Disciplinary Regulations to the Direction.
6.    In these Disciplinary Regulations, the term ‘member’ shall apply to the member against whom a report of possible violation has been lodged and/or the member upon whom a sanction has been imposed by the Disciplinary Committee and/or the Appeals Committee as a result of a lodged report of possible violation. In the event of a violation of the Equine Anti-Doping Regulations the term ‘the member’ shall apply to the member or members whose horse has tested positive after an expert analysis of the extracted sample. The member can either be a natural person or a legal entity.
7.    The members, including the relevant member, are held to provide all information required by the Disciplinary Committee and the Appeals Committee for the assessment of a case on the first request, and to provide any requested cooperation for treatment of the case.
8.    For a timely receipt of the documents referred to in these Disciplinary Regulations the date of the postmark on the envelope by mail delivery shall be decisive or in case the document is delivered in person, the date of delivery which must be confirmed by a written confirmation of receipt.
9.    In case mention is made in these Regulations of a letter by registered post then this includes the possibility of electronic means by which receipt of said letter can be established.

 

Clause 2   Disciplinary Committee and Appeals Committee

1.    The Disciplinary Committee consists of a Chairman, a Vice-Chairman and other members.
2.    The Appeals Committee consists 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 the member of the Committee signs a declaration in which he submits to and declares to comply with the Statutes, Regulations and Rulings of the KFPS.
4.    The members of the Disciplinary Committee and the Appeals Committee shall be appointed, suspended and dismissed by the KFPS Member Council.
5.    The Chairman and the Vice-Chairman of the Disciplinary Committee and the Appeals Committee are lawyers by profession and are appointed in office as such.
6.    The appointment shall be for a term of three years with the possibility of subsequent appointments for additional periods of four years.
7.    Appointed members shall take up office as member of the Disciplinary Committee or the Appeals Committee on the day following the appointment. 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 on that date they are involved in the treatment of a case, in which case they shall resign the day after the date on which a ruling is passed concerning the case in question. 

 

Clause 3   Incompatibilities 

1.    Membership of the Disciplinary Committee and the Appeals Committee is incompatible with membership of the Governing Board and the Council of Members and the position of either  Secretary of one of these two Committees or the position of KFPS employee.
2.    A member of the Disciplinary Committee or the Appeals Committee shall not participate in the treatment of a case in situations in which the member is (or has been) either personally involved in the case or on account of any other reason.
3.    A member of the Disciplinary Committee cannot at the same time have a seat on the Appeals Committee, nor can he, after resignation as a member of the Disciplinary Committee, subsequently be involved in the treatment of a case as a member of the Appeals Committee for a case he was involved in as a member of the Disciplinary Committee.
4.    If a member of the Disciplinary Committee or the Appeals Committee before or during the treatment of a case is of the opinion that any incompatibility occurs, or if the relevant Committee member for any other reason wishes to be excused from his position as a member of the Committee, the relevant Committee member shall as soon as possible, while stating his reasons, inform the Chairman of the Disciplinary Committee or the Appeals Committee respectively, who shall designate another member of the Committee. 

 

Clause 4   Chairman

1.    The Disciplinary Committee is presided over by its Chairman, assisted by a Vice-Chairman.
2.    The Appeals Committee is presided over by its Chairman, assisted by a Vice-Chairman.
3.    The Vice-Chairman has the same rights and powers as the Chairman. Where in these Disciplinary Regulations reference is made to the Chairman this shall also apply to the Vice-Chairman.
4.    The Chairman of the Disciplinary Committee and the Chairman of the Appeals Committee coordinate the work of their respective Committees and 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 are also in charge of decision-making as instructed on the basis of these Disciplinary Regulations. If a Chairman has adopted a resolution as referred to in the above, further treatment of the matter shall be done under the leadership of the Vice-Chairman.

 

Clause 5   Studbook Office and Secretary

1.    The KFPS Studbook Office is responsible for the administrative treatment of disciplinary matters.
2.    The Direction of the KFPS appoints a secretary who supports the Disciplinary Committee and the Appeals Committee.
3.    The Direction can put the Secretary in charge of any tasks and activities that are assigned to the Studbook Office.

 

Clause 6   Authorities

1.    In first instance violations are addressed by the Disciplinary Committee.
2.    The Appeals Committee hears any appeals which were lodged against a ruling of the Disciplinary Committee either by the member or by the Governing Board.
3.    The Disciplinary Committee and the Appeals Committee assess if an offence has been committed on the basis of the submitted report of violation. The Disciplinary Committee and the Appeals Committee have the power to change the report of a possible violation if in accordance with clause 8 paragraph 9.
4.    The Disciplinary Committee and the Appeals Committee both have the power to summon a member to answer questions posed by the relevant Committee in writing or in person at the hearing. A member of the Governing Board or the Direction is entitled to refuse to answer a question asked, by invoking the general interest of the KFPS or the interests of third parties who are not involved in the disciplinary case concerned if he can justify this refusal.

 

Clause 7   Violations

1.    A violation as referred to in these Disciplinary Regulations includes any act or omission:
    a.    by which any provision in the Statutes or Regulations of the KFPS, including these Disciplinary Regulations, is violated;
    b.    which is in breach of a resolution of any body or committee of the KFPS;
    c.    which is harmful to the interests of the KFPS or the Studbook system in general;
    d.    whereby a member does not conduct himself towards another member, a body, the Studbook Office or a committee of the KFPS as is expected in all reasonableness and fairness.
2.    A violation also includes any failure to comply with obligations, not timely or properly, as well as providing an opportunity for or inciting to facilitate or assist in the committing of a violation.
3.    A violation is punishable in case of intent, default, negligence or carelessness of the member. In the event of use of a prohibited substance, as rendered punishable in the Equine Anti-Doping Regulations, the provisions set forth in the first sentence of this paragraph shall not apply, but the principle of strict liability shall apply to the member.
4.    Evidence of a violation is conclusive if on the basis of facts and circumstances the Committee is convinced that the member has indeed committed the violation. The Committee may also accept as evidence information based on documents, statements, photographs, TV or video footage. Evidence may not be based on one single document, one single statement or solely on footage, with the exception of a statement from an on-duty official. In case of a violation of the Equine Anti-Doping Regulations, the laboratory document which states 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 is or can be 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 can then lodge a report of a possible violation against the member.

 

Clause 8   Report of a Possible Violation

1.    A member and the Governing Board are each entitled to 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, following a check for prohibited substances the result of the counter analysis   or if no counter analysis has been carried out   the result of the expert analysis is positive, the Direction shall communicate the findings in writing to the member and the Disciplinary Committee within two weeks after receipt, which notification shall then be considered as the report of a possible violation. The Direction shall present the findings of the laboratory which constitute the basis for the disciplinary case initiated against the member. The Direction shall also submit the check form for prohibited substances. In so far as the Direction receives any further documents from the relevant laboratory at a later stage, they shall as soon as possible send copies thereof to the Disciplinary Committee, who in turn shall send a copy thereof to the member involved.
3.    A member shall submit five copies of the report of a possible violation to the Studbook Office. Reports of a possible violation shall be submitted by registered post. At the moment of delivery of the report of a possible violation at the Studbook Office the member receives a proof of receipt thereof.
4.    The Governing Board may request the Disciplinary Committee not to consider a report of a possible violation till after the party who has submitted the report has paid the annual administrative fees, as determined by the Governing Board, to the Studbook Office.
5.    The Disciplinary Committee shall not accept a report of a possible violation for consideration if this concerns a violation which was committed more than four months before the date of receipt of the relevant report, unless according to the Disciplinary Committee the party who has submitted the report has made it sufficiently plausible that submitting of said report was not possible at an earlier date and said report was submitted as soon as possible thereafter. In case the Disciplinary Committee decides not to take the report into consideration, then with due observance of the provisions of clause 16, appeal to the Appeals Committee is open.
6.    Reports of a possible violation that are submitted anonymously shall not be taken into consideration.
7.    The violation as described in the report shall be the basis for treatment of a case by the Disciplinary Committee and the Appeals Committee.
8.    At variance with the provisions of paragraph 7, a report of a possible violation can only be changed by the party who has submitted the report after explicit permission of the Disciplinary Committee, which change can be refused if, in the opinion of the Disciplinary Committee, the requested change of the report could already have been taken into account at the moment when the relevant report was originally submitted or if the change would be harmful to the defence of the member.
9.    At variance with the provisions of paragraph 7, the Disciplinary Committee or the Appeals Committee can change a report of a possible violation if, while the case is under consideration, it is revealed that another violation similar to the violation described in said report has been committed, after which the Committee can continue treatment of the case on the basis of the changed report, provided the member can raise defences against said changed report.
10.    Submitting a false report of a possible violation constitutes a violation of these Disciplinary Regulations which shall be punished with due observance of these Disciplinary Regulations, albeit   at variance with the provisions of paragraph 1   said report is then formulated by the Secretary. If possible, the case will then be treated by other members of the relevant Committee.

 

Clause 9   The Member

1.    Within five working days after receipt the Secretary sends the report of a possible violation including accompanying documents to the member by registered post. The member´s address as listed in the member administration of the KFPS shall be used as the address of correspondence. 
2.    The member has the right to lodge a statement of defence against the report of the possible violation. Five complete copies of the statement of defence shall be sent to the Studbook Office by registered post. The deadline for submission of the statement of defence is fourteen days. Upon reasoned request of the member, the Chairman of the Disciplinary Committee may extend the aforesaid period up to a maximum of one calendar month. Both periods shall be based on the date of sending of the report of the possible violation to the member.
3.    The member is held to speak nothing but the truth. At all times the Disciplinary Committee and the Appeals Committee may summon the member to answer the questions himself without referring to his counsel or any other person to answer said questions.
4.    The member has the right to seek assistance from a counsel both before the Disciplinary Committee and before the Appeals Committee. If the counsel is not a lawyer by profession the counsel shall submit a written power of attorney from the member together with the statement of defence. At an oral hearing the member has the right to appoint by spoken word a counsel who is not a lawyer as his representative. A counsel has the same rights and obligations as the member.
5.    At the request of the member the Studbook Office shall send the correspondence of the disciplinary case to the counsel. After that, the member 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 member has the right to hand in a request to both the Disciplinary Committee and the Appeals Committee for an oral hearing of the case. Said request must be submitted to the Studbook Office in writing.
2.    The Disciplinary Committee and the Appeals Committee can command an oral hearing on their own initiative.
3.    At variance with the provisions of paragraphs 1 and 2, the Disciplinary Committee and the Appeals Committee are held to hold an oral hearing in case the report of the possible violation or the appeal may result in the infliction of a provisional sanction, as referred to in clause 13 paragraph 9, to expulsion or a summons for award of 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 member thereof in writing at least five days prior to the day of the oral hearing by means of registered post.
5.    The Studbook Office shall also, by letter, summon other parties whose appearance at the oral hearing is considered advisable according to the Disciplinary Committee or the Appeals Committee. 
6.    The oral hearing is not open to the public. The Disciplinary Committee and the Appeals Committee have the authority to decide otherwise if they are of the opinion that this is required in the interest of the case. In case the oral hearing is not open to the public the member and the Governing Board of the KFPS each have the right to choose a maximum of three persons to attend the oral hearing, said persons cannot be heard as witnesses in the case afterwards.
7.    If there is no oral hearing the case will be settled in writing.

 

Clause 11   Hearing

1.    The Disciplinary Committee and the Appeals Committee shall determine which persons have access to a hearing.
2.    In the event when the member has not attended the hearing the Disciplinary Committee and the Appeals Committee shall check whether the member had been duly summoned. If the member had not been duly summoned or if the Disciplinary Committee or the Appeals Committee deem an adjournment of the hearing is required for another reason, said hearing shall be adjourned until further notice. The member shall be informed thereof in writing by the Studbook Office.
3.    In case a witness or expert has failed to appear at the hearing the Disciplinary Committee or the Appeals Committee have the authority to postpone the hearing, or to carry on with the case in so far as possible and to continue the hearing for the witness or expert at default on another date.
4.    The member and his counsel may attend the entire hearing, unless the provisions of paragraph 5 apply.
5.    The Disciplinary Committee and the Appeals Committee have the authority to deny further access to the hearing to any person whose conduct gives rise to do so. 
6.    The members of the Disciplinary Committee and the Appeals Committee shall, if necessary, put questions to the member and any other persons to be heard. The member may ask permission to ask additional questions. This request shall be granted unless the questions are not relevant in the opinion of the Chairman.
7.    In case the Disciplinary Committee or the Appeals Committee believe that another similar violation may exist instead of the violation stated in the relevant report, the Chairman shall inform the member thereof and shall grant him the opportunity to raise a defence against it, 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 shall be signed by both the Chairman and Secretary. In case 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 same rights and powers as the Secretary.

 

Clause 12   Witnesses and Experts

1.    The Disciplinary Committee and the Appeals Committee have the right to summon witnesses and experts to a hearing. The Studbook Office shall notify the member thereof and disclose their names and expertise.
2.    The member himself may summon a maximum of three witnesses and/or experts to a hearing and shall no later than three days before the hearing notify the Studbook Office thereof in writing while stating their names and addresses, including the expertise of the expert. Strictly only with prior written permission of the Chairman may the member summon more than three witnesses and/or experts.
3.    In case the Disciplinary Committee or the Appeals Committee summon a member of the Advisory Committee Prohibited Substances to appear as an expert in a case concerning prohibited substances, said Committee will notify the member thereof and state the expert´s expertise.
4.    Appearing at the hearing is mandatory for members of the KFPS who are summoned as witnesses or experts. Persons other than members can also be summoned as witnesses or experts.
5.    Witnesses and experts may in principle only be heard at the hearing. If in all fairness, a witness or expert cannot be present at a hearing, he may by consent of the Chairman submit a written declaration signed by him which will be given to the member for inspection.
6.    Witnesses shall be held to speak the truth at all times. Experts are held to answer in accordance with scientific facts and knowledge. The Chairman may ask them to sign a concise summary of their statements.
7.    Any failure to speak the truth 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 correspondingly, on the understanding that the report of a possible violation shall be formulated by the Secretary of the Committee before whom the failure to speak the truth has taken place. Treatment of this report of a possible violation shall then, in as far as possible, be conducted by other members of the Committee.

 

Clause 13   Imposed Sanctions  

1.    The following sanctions may be imposed:
    a.    a reprimand;
    b.    a fine up to a maximum of EUR 50,000.-;
    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 fulfil one or more functions within 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 and 4 of this clause;
    h.    the sanctions as stated in the Equine Anti-Doping Regulations;
    i.    publication of the sanction on the official communication platforms of the KFPS stating name of the member and city or place of residence;
    j.    a suspension;
    k.    an expulsion.
2.    In case the Equine Anti-Doping Regulations prescribe a mandatory sanction in case of a violation, the Disciplinary Committee and the Appeals Committee are held to impose said sanction but they shall be free to define the extent of the sanction themselves, unless the Equine Anti-Doping Regulations also prescribe the mandatory extent of the sanction. In the event the Equine Anti-Doping Regulations forbid the application of a specific sanction in a case of violation of those Regulations the Disciplinary Committee and the Appeals Committee shall be not permitted to impose said sanction.
3.    The Governing Board of the KFPS may submit an independent request concerning the report of a possible violation or appeal before the relevant Committee in relation to the application of a specific sanction, and/or to sentence the member to payment of the costs of the disciplinary proceedings in full or in part, including administrative expenses of the KFPS, costs of the Secretary and costs incurred by the Committee.
4.    In the event when the member or his counsel causes the Secretary, the Studbook Office of the KFPS and/or the counsel of the KFPS to spend a total of more than four hours on a disciplinary case, the Governing Board has the right to request the relevant Committee to not only order the member to pay the costs as 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 such request as referred to in said paragraph, the Direction, an official and/or the counsel of the KFPS shall be permitted to give further explanation of the claimed costs at the hearing.
5.    If the member has committed more violations a separate sanction may be imposed for each violation. In said case the Disciplinary Committee and/or the Appeals Committee may also decide that the application of one single sanction will suffice.
6.    The application of a fine, exclusion from participation in a performance test and/or denial of the right to fulfil one or more offices can be imposed on a conditional basis. The conditional part of such a sanction shall be for a maximum time of two years. Other sanctions cannot be imposed on a conditional basis. 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 in combination with another sanction.
8.    In case the member commits another violation within the period of the conditionally imposed sanction the Disciplinary Committee and/or the Appeals Committee have the right to decide 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.    In case a reported violation constitutes a serious violation of the legal system within the KFPS then the Disciplinary Committee may, after the report of  the violation but before a defence has been raised or an oral hearing has taken place, impose a provisional sanction upon the member. The time period to raise a defence 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 believe that a simple warning will suffice.
2.    A fine may be imposed as a sanction if the member has gained financial advantage by means of the violation or has harmed the interests of the KFPS or of another member, or if the Disciplinary Committee and/or the Appeals Committee deem a fine, either in combination with another sanction or not, to be appropriate.
3.    Exclusion from participation in a performance test may also be imposed as a temporary sanction; also when the relevant horse is presently participating 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 establish a violation of the Equine Anti-Doping Regulations before or during that participation, participation in said performance test shall be terminated with immediate effect. If by way of sanction participation in the performance test is terminated, the horse is entitled to participate in a next performance test and its associated events, provided the horse meets the generally applicable conditions and has qualified.
4.    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 fulfil one or more functions within the KFPS shall only be imposed as a sanction if the violation has been committed in the capacity of a specific function. The aforesaid denial may pertain to that function but also to other functions within the KFPS if so 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.    Suspension shall be imposed as a sanction if the violation is so serious that a lighter sanction does not suffice and expulsion would be too heavy a sanction. A suspension may be imposed for a maximum duration of five years. During the suspension the member cannot fulfil any function or exercise his membership rights, nor participate in activities and/or events of the KFPS, while the obligations arising from his membership shall continue to apply to the member in full.
8.    Expulsion from membership shall be imposed as a sanction if the member seriously violates the Statutes, Regulations and/or resolutions of constituent bodies of the KFPS, and does so to such a degree that the violation justifies expulsion from membership.
9.    If a sanction applies to a definite period of time or to specific activities or functions this shall be stated in the ruling.
10.    Publication of the sanction shall take place in the manner as provided for in clause 15 paragraph 12.

 

Clause 15   Ruling

1.    The Disciplinary Committee and/or the Appeals Committee respectively shall as soon as possible but no later than three weeks after completion of the case, render a ruling in writing.
2.    The relevant Committee may also within one week after completion of the case render an oral ruling which only reflects the essence of the decision, and subsequently within two weeks after the date of this oral ruling issue a reasoned ruling in writing.
3.    A ruling of the Disciplinary Committee and the Appeals Committee shall be established by a resolution approved 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.    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 member.
5.    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 member as to which sanction shall be imposed and for which violation.
6.    If the Appeals Committee is of the opinion that the ruling of the Disciplinary Committee can be upheld, it will confirm said ruling. 
7.    If the Appeals Committee is of the opinion that the ruling of the Disciplinary Committee cannot be upheld it shall amend said ruling and shall decide whether the member will be acquitted, or in respect of which violation which sanction shall be imposed.
8.    In similar cases, determination of the sanction and/or the extent of the sanction shall as much as possible be based on the same standards.
9.    The ruling shall also include if and to what extent the costs associated with the treatment of a case shall be borne by the party who submitted the report and/or the member and/or the KFPS. These costs shall include the costs of the Studbook Office, of the Secretary and of the relevant Committee. If the member is ordered to pay the additional costs as referred to in clause 13 paragraph 4, these shall be determined by the Committee based on standards of reasonableness and fairness, and the grounds for said order in the ruling shall be communicated to the member.
10.    The Studbook Office shall send the ruling of the Disciplinary Committee and/or the Appeals Committee to the member by registered post. The Studbook Office shall also send the ruling to the Governing Board.
11.    The rulings of the Appeals Committee and of the Disciplinary Committee shall   if no timely appeal has been lodged against it - be irrevocable and binding for the member and all members of the KFPS.
12.    The essence of the rulings by the Disciplinary Committee respectively the Appeals Committee shall, as soon as they have been declared definitive, be published on the official communications platform of the KFPS. This publication shall take place stating personal details and city or place of residence of the member, unless the relevant committee has ruled that another method of publication will suffice. The Direction shall be responsible for this publication.

 

Clause 16   Appeal

1.    Except in case of an acquittal, the member may lodge an appeal with the Appeals Committee against any ruling of the Disciplinary Committee. The appeal can only be lodged by the member himself or by his counsel or legal representative. In case the member is visually impaired, is placed under guardianship or has a mentor to look after his interests, the person or institution who looks after the member´s interests may, with the consent of the member, also lodge an appeal on his behalf. In case a lodged appeal is withdrawn before treatment thereof the member shall be charged with the administration costs as determined by the Governing Board.
2.    In case a horse is registered to multiple registered parties then the appeal must be lodged in unison by all registered parties. If however, the penalised violation affects just one registered party in person then the appeal may only be lodged by said registered party.
3.    In case a lodged appeal is withdrawn before treatment thereof the member shall be charged with the administration costs as determined by the Governing Board.
4.    In case the Governing Board is of the opinion that a ruling of the Disciplinary Committee, including an acquittal, is in conflict with the general interest of the KFPS, the Governing Board has the right to lodge an appeal on behalf of the KFPS.
5.    The time period for lodging an appeal shall be two weeks from the date of the written ruling by the Disciplinary Committee, which shall be considered to be two days after the date of posting, unless the member can sufficiently substantiate that he had not been able to take note of the Disciplinary Committee´s ruling before expiry of said date. Strictly only in cases when the Disciplinary Committee has decided to impose the sanction of expulsion, the period for appeal shall be one month. This period shall also apply to the Governing Board if the Disciplinary Committee, in spite of a request to do so from the Governing Board, has decided not to impose the sanction of expulsion.
6.    An appeal shall be lodged by a notice of appeal stating why the appeal is lodged. The notice of appeal shall be submitted to the Studbook Office by registered post in five original copies. The Governing Board only needs to lodge the notice of appeal.
7.    In case the appeal was lodged within the required time, lodging of the formal appeal may suffice for the member, provided the Studbook Office has no later than fourteen days after receipt of the formal appeal, received a supplementary notice of appeal stating the grounds of said appeal. This right shall also accrue to the Governing Board if it lodges an appeal.
8.    For treatment of the appeal the member is held to pay the amount of administration costs as annually set by the Governing Board, which amount shall be payable to the Studbook Office concurrently with lodging of the appeal. The notice of appeal shall not be taken into consideration until after receipt of the aforesaid sum for administration costs. Payment of said sum must have taken place at the latest within the (extended) period for appeal by transfer to a KFPS bank account specified by the Studbook Office. The Studbook Office may subsequently extend that period by only one more period of fourteen days. If as then no payment has been received the appeal of the member shall be inadmissible.
9.    In case the member is acquitted by the Appeals Committee the administration costs paid by the member for the appeal shall be reimbursed.
10.    The provisions of clause 17 shall be applicable to the enforcement of a sanction during the treatment of an appeal.

 

Clause 17   Enforcement

1.    The Governing Board shall see to the execution and enforcement of sanctions.
2.    The member, other members and constituent bodies of the KFPS are 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 on the date on which the Committee pronounces the ruling, unless stated otherwise in the ruling. 
4.    Lodging of an appeal shall not suspend the execution of a sanction. At the request of the member, the Chairman of the Appeals Committee may suspend the execution of a sanction during treatment of the appeal. The request to suspend the execution of the sanction may be made concurrently with filing a notice of appeal but not before. The request shall not be taken into consideration until after fulfilment of the conditions set forth in clause 16 paragraph 7. The Chairman of the Appeals Committee shall respond to the request with a ruling in writing, said ruling shall not be binding for the final ruling of the Appeals Committee. 
5.    The Governing Board may suspend the execution of an imposed sanction if new facts or circumstances with respect to the imposed sanction are revealed which   if these had been known by the Disciplinary Committee or the Appeals Committee during treatment of the case - would most probably have resulted in an acquittal or a much lighter or different sanction. Such a request for review must be provided in writing by the member together with a detailed description and explanation of those new facts and circumstances. The Governing Board may only take the request into consideration if no possibility of appeal is open at that moment.
6.    In case the request for review is granted by the Governing Board and the execution is suspended the Governing Board shall hand over the request to the Disciplinary Committee, who shall treat the request as a report of a possible violation. The Disciplinary Committee shall then reconsider the case with the new ruling being open for appeal.
7.    The request for a review can be lodged just once.

 

ADMINISTRATIVE OMISSIONS

 

Clause 18   Administrative Omissions and Measures

1.    As administrative omissions shall be qualified:
    a.    any failure or timely payment of any due amounts of money;
    b.    untimely or incomplete submission of or any failure to submit any forms prescribed by the KFPS;
    c.    any failure to provide, within the prescribed time, information and data to the Governing Board or any other body or committee of the KFPS;
    d.    any omissions specified in any Regulations.
2.    In case a default as mentioned in paragraph 1 continues for more than two weeks the Governing Board shall be authorized for each week, or if the default continues after that part thereof, to charge the amount of administration costs payable for such default as determined by the Governing Board. The Governing Board is authorised to delegate the imposition of administrative costs to other constituent bodies of the KFPS.
3.    The Governing Board is authorized to take administrative measures with respect to an administrative omission.
4.    An administrative measure shall consist of demanding payment for the administrative costs as 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 the administrative omission, the authority of the Governing Board with respect to said omission ends and only the Disciplinary Committee   and in case of appeal the Appeals Committee   shall be authorized to consider the omission with due observance of the Disciplinary Regulations.

 

Clause 19   Administration Costs

1.    The Governing Board shall annually set the amount for administration costs of each administrative omission and shall publish these on the official communications platform before the start of the season.
2.    The Governing Board shall invoice the amount of the administration costs to the member´s or his society´s current account, or shall invoice these costs to the member in another manner.

 

Clause 20   Treatment of Administrative Omissions

1.    The Governing Board shall notify the member in writing as to which administrative measure shall be taken with respect to which administrative omission. Said notification may also be effected by settling the administrative amount due with the member´s and/or his society´s current account known to the KFPS or in any other manner used by the KFPS, provided the administrative measure is known to the member.
2.    A member who fails to agree with the administrative measure imposed on him may raise objections against the relevant administrative measure within fourteen days after the notification as referred to in paragraph 1, by submitting a notice of objection in writing to the Governing Board.
3.    The Governing Board has the authority to withdraw, change or maintain the administrative measure on the basis of the notice of objection.
4.    In case the administrative measure is changed or maintained the member has the right to present the case to the Disciplinary Committee by means of a notice of objection, in which case clause 8 shall apply and the Disciplinary Committee shall consider the objection in the same manner as a report of a possible violation is considered.

 

Clause 21   Violation

1.    In case an administrative omission continues for more 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 thereof to the Disciplinary Committee, which shall as then consider the case with due observance of the provisions of clause 8.
2.    If, in the opinion of the Disciplinary Committee a violation as referred to in clause 7 has been committed, the Committee may impose a fine on the member of up to a maximum as specified in clause 13 paragraph 1.
3.    The Disciplinary Committee and the Appeals Committee are authorized to sanction a violation in case an administrative measure has been imposed or is expected to be imposed with respect to that same violation.

 

Clause 22   Appeal

1.    In case the fine imposed by the Disciplinary Committee plus the amount invoiced for administrative costs amounts to more than  EUR 100.-, the member may lodge an appeal with the Appeals Committee against the imposition of said fine.
2.    The provisions of clause 16 shall as then apply to said appeal.


Adapted as a result of the MC Meeting 24 May 2018