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ECB Anti-Doping Rules 2013 - Ecb - England and Wales Cricket ...

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However, the non-attendance of the <strong>Cricket</strong>er or <strong>Cricket</strong>er Support Personnel<br />

or his/her representative at the hearing, after proper notice of the hearing has<br />

been provided, shall not prevent the <strong>Anti</strong>-<strong>Doping</strong> Tribunal from proceeding<br />

with the hearing in his/her absence, whether or not any written submissions<br />

are made on his/her behalf.<br />

8.1.11 The procedure followed at the hearing shall be at the discretion of the<br />

Chairman of the <strong>Anti</strong>-<strong>Doping</strong> Tribunal, provided that the hearing is conducted<br />

in a fair manner with a reasonable opportunity for each party to present<br />

evidence (including the right to call <strong>and</strong> to question witnesses by telephone or<br />

video-conference where necessary), address the <strong>Anti</strong>-<strong>Doping</strong> Tribunal <strong>and</strong><br />

present his/her case.<br />

8.1.12 Save where the Chairman orders otherwise for good cause shown by either<br />

party, the hearing shall be in English, <strong>and</strong> certified translations shall be<br />

submitted of any non-English documents put before the <strong>Anti</strong>-<strong>Doping</strong> Tribunal.<br />

The cost of the translation shall be borne by the party offering the<br />

document(s).<br />

8.1.13 If required by the Chairman, the National <strong>Cricket</strong> Federation shall make<br />

arrangements to have the hearing recorded or transcribed (save for the<br />

private deliberations of the <strong>Anti</strong>-<strong>Doping</strong> Tribunal). If the <strong>Cricket</strong>er or <strong>Cricket</strong>er<br />

Support Personnel needs an interpreter, the National <strong>Cricket</strong> Federation shall<br />

also arrange for an interpreter to attend the hearing. Such costs of<br />

transcription <strong>and</strong> interpretation shall be paid by the National <strong>Cricket</strong><br />

Federation, subject to any costs-shifting order that the <strong>Anti</strong>-<strong>Doping</strong> Tribunal<br />

may make further to Article 8.2.4.<br />

8.1.14 Each of the ICC, the NADO <strong>and</strong> WADA shall have the right to be kept<br />

apprised by National <strong>Cricket</strong> Federation of the status of the proceedings<br />

before the <strong>Anti</strong>-<strong>Doping</strong> Tribunal, as well as the right to attend hearings of the<br />

<strong>Anti</strong>-<strong>Doping</strong> Tribunal as an observer.<br />

8.2 Decisions of the <strong>Anti</strong>-<strong>Doping</strong> Tribunal<br />

8.2.1 The <strong>Anti</strong>-<strong>Doping</strong> Tribunal shall announce its decision in writing, with reasons,<br />

as soon as possible after the conclusion of the hearing. That written decision<br />

will be sent without delay to the parties, WADA, the ICC <strong>and</strong> any other party<br />

that has a right, further to Article 13, to appeal the decision. The decision<br />

shall set out <strong>and</strong> explain:<br />

8.2.1.1 with reasons, the <strong>Anti</strong>-<strong>Doping</strong> Tribunal’s findings as to whether any antidoping<br />

rule violation(s) has/have been committed;<br />

8.2.1.2 with reasons, the <strong>Anti</strong>-<strong>Doping</strong> Tribunal’s findings as to what<br />

Consequences, if any, are to be imposed;<br />

8.2.1.3 with reasons, the date that such Consequences shall come into force<br />

<strong>and</strong> effect pursuant to Article 10.9; <strong>and</strong><br />

8.2.1.4 the rights of appeal applicable pursuant to Article 13.<br />

8.2.2 Where possible, the <strong>Anti</strong>-<strong>Doping</strong> Tribunal shall have discretion to announce<br />

the substance of its decision to the parties prior to the issue of the written<br />

reasoned decision referred to in Article 8.2.1, in cases where a Provisional<br />

Suspension has been imposed or where it otherwise deems appropriate. For<br />

the avoidance of doubt, however: (a) the <strong>Anti</strong>-<strong>Doping</strong> Tribunal shall still be<br />

required to issue a written, reasoned decision in accordance with Article<br />

8.2.1; <strong>and</strong> (b) the time to appeal pursuant to Article 13 shall not run until<br />

27<br />

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