BY-LAWS OF THE HAWAII ASSOCIATION USATF
 
Revised 12/8/2012
 
ARTICLE 1 NAME:
 
     The name of the organization having responsibility for the supervision of all open athletic activities within the State of Hawai`i is “Hawai`i Association USA Track & Field”. The organization also is known as
 
“Hawai`i Association USATF”, “USATF-HI” and “USATF Hawai`i”, or by similar nomenclature. All references to the organization in this document shall be “USATF-HI”.
 
ARTICLE 2 DEFINITIONS:
 
     The word “Athletics” herein shall include track and field, long distance (road running), cross country, race walking, and any other jurisdiction granted by USA Track & Field, the latter serving as the legally franchised National Governing Body (NGB) for Athletics in the United States.
 
“IAAF” means: International Amateur Athletic Federation
 
“IOC” means International Olympic Committee
 
“USOC” means United States Olympic Committee
 
“NGB” means National Governing Body
 
“USATF” means USA Track & Field
 
ARTICLE 3 OBJECTIVES:
 
(1) The objectives of the USATF-HI are to encourage, improve, and promote the sport of Athletics in the State of Hawai`i.
 
ARTICLE 4 AUTHORITY:
 
(1) USATF-HI shall possess, through the USATF, all authority of that body in the sport of Athletics within the State of Hawai`i. USATF-HI shall be subject only to USATF in the administration, eligibility, sanctioning, registration, and rules of competition for the sport within the State.
 
(2) The authority of USATF derives from the IAAF, which has franchised the USATF as the sole NGB for Athletics in the United States, and from the USOC, which has franchised the USATF to solely govern U.S. Open Athletics under the mandate of Public Law 95-606 (aka “The Sports Act”)
 
ARTICLE 5 MEMBERSHIPS:
 
(1) Membership in the Association is open to all individuals, clubs, educational institutions, and any other organization having an active interest in the sport of Athletics, without regard to race, color, creed, age, or gender.
 
(a) Athletic Membership: Subject to membership qualifications as provided in the By-Laws of the 
USATF, athletic membership in the USATF, through USATF-HI, is open to all persons, without 
discrimination, who duly apply. Application includes the completion of a registration form and 
payment of a fee. Membership in the USATF, and hence in USATF-HI , is for a calendar year period, through December 31.
 
(b) Club Membership: A group of individuals who share a common interest in competitive 
athletics, or an educational institution which provides team participation in the sport of Athletics,
may become a club member of USATF-HI. Membership can be obtained only by making proper 
application to the Board of Directors, through the Registration Chair of USATF-HI. Proper 
application entails the submission of a set of club By-Laws, a completed Club Application Form, and by payment of a fee. Club membership is for a calendar year period, through December 3l
 
ARTICLE 6 BOARD OF DIRECTORS:
 
(1) The Board of Directors of USATF-HI shall constitute the governing authority for all USATF-HI activity. The Board of Directors shall be comprised of the following:
 
(a) One delegate from each current member organization with at least three individual members.
 
(b) Current USATF-HI Officers.
 
(c) Athlete Representative, to be elected at the annual meeting; must be at least 18 years of age, be a member of USATF.
 
(2) The Board of Directors shall meet a minimum of three times a year, in December, May and July, or at such other times as the board may decide. All official meetings of the Board of Directors shall be posted on the USATF-HI website at least five days prior to the meeting date, and all board members shall be so notified via electronic mail at least five days prior to the meeting. Board members may attend via conference call or other electronic means, if available.
 
(3) All official Board meetings of USATF-HI (except those parts of any meetings involving grievance, discipline or personnel) shall be open to any non-board member of USATF-HI; such attendees may offer comment when recognized, but may not vote. All board meetings shall be open to the public, but persons who are not members of USATF may not offer comment or participate in any other way unless called upon by the president. Minutes shall be kept of all meetings, and drafts shall be posted on the USATF-HI website within 30 days of the meeting, and are subject to approval by the board.
 
(4) Special Meetings of the Board: A special meeting is a meeting of the board of directors that is not a regularly scheduled meeting. Such special meetings may be conducted in person, or via any means of communication by which all directors participating may simultaneously hear each other during the meeting. The same provisions for notice and minutes of regular board meetings shall apply.
 
ARTICLE 7 OFFICERS:
 
(1) The Officers of USATF-HI shall be:
 
(a) President
 
(b) Vice President
 
(c) Secretary
 
(d) Treasurer
 
(2) Duties of the Officers
 
(a) President: The President serves as the liaison between USATF-HI and US. The President shall 
oversee the affairs of USATF-HI, and shall appoint chairpersons for committees that have not 
appointed chairpersons. The President presides at the annual meeting, as well as meetings of the 
board of USATF-HI. The President shall also be empowered to make appointments within the limits imposed by these By-Laws.
 
(b) Vice President: The Vice President shall perform such duties as directed by the President or by 
the Board of Directors. The Vice President shall assume the duties of the President in case the latter is absent, incapacitated, or unable to perform the functions of the office.
 
(c) Secretary: The Secretary records minutes of the Annual Meeting, as well as all official meetings
of the Board of Directors. The Secretary shall also perform such duties as instructed by the 
President, and shall assume the duties of the President in case the President and Vice President are absent, incapacitated or unable to perform the functions of the office.
 
(d) Treasurer: The Treasurer maintains the financial accounts of USATF-HI, co-signing checks made out in the name of the latter with the President. Along with the President, the Treasurer is
responsible for ensuring that expenditures conform to board-approved budget provisions.
 
ARTICLE 8 STRUCTURE:
 
(1) Standing Sport Committees : The following sport committees shall be appointed by the president, and shall function within USATF-HI:
 
(a) Classification
 
• Men’s Track & Field
 
• Women’s Track & Field
 
• Masters Track & Field
 
• Youth Athletics
 
• Men’s Long Distance Running
 
• Women’s Long Distance Running
 
• Masters Long Distance Running
 
• Race Walking
 
(b) Composition: Each committee comprises interested delegates from those member
organizations involved in the events within the jurisdiction of the respective Committees. Chairs
are elected by such delegates. Chairs may appoint other persons with needed experience or
expertise to their Committee.
 
(2) Administrative Committees: The following administrative committees shall be appointed by the
president, and shall function within USATF-HI. Such appointment shall be for one year. All members of these administrative committees must be members of USATF, but the president may appoint other non USATF members who have special experience or expertise as committee advisors.
 
(a) Membership Committee: Comprising a Chair selected by, but not necessarily from among, the
Board, and either the President or Vice President. The President also may appoint other persons
with needed experience or expertise to the Committee. The Chair of the Committee shall serve as
the liaison to USATF regarding membership matters only, and shall order and process items
appropriate to Committee business. The Membership Chair shall maintain the general list of
registered athletes in USATF-HI.
 
(b) Finance Committee: Comprising a Chair selected by, but not necessarily from among, the
Board, and either the President or Vice President. The President also may appoint other persons
with needed experience or expertise to the Committee.
 
(c) Records Committee: Comprising a Chair selected by, but not necessarily from among, the
Board, and either the President or Vice President. The President also may appoint other persons
with needed experience or expertise to the Committee. The Committee supervises and approves all records and tabulations maintained by the Association.
 
(d) Sanction Committee: Compromising a Chair selected by, but not necessarily from among, the
Board, and either the President or Vice President, and three other persons selected by and from
among the Board. The Sanction Committee shall set, review, and maintain minimum standards for:
participant safety, quality and record certifiability, scheduling of events (with respect to conflict
with established events), and other aspects of athletic events related to the well-being of the
participants or of the sport of athletics in Hawai`i. Upon approval by the Board these shall be the
minimum standards an event must meet to receive sanction through USATF-HI. This Committee
shall also recommend to the Board or Executive Committee the sanction fee policy to be applied by
USATF-HI.
The Chair shall be responsible for issuing sanctions in conformance with the standards,
collecting and depositing sanction fees, and recording and reporting all sanctions issued as required by USATF.
 
(3) Officials Committee: Comprised of all certified officials in the jurisdiction of USATF-HI. A Chief of Officials/Certification Chair, is elected from among the committee membership. The Chief of Officials is responsible for the training and certification of athletic officials within the jurisdiction of USATF-HI.
 
(4) Special Committees: The President may, at any time, appoint special committees to handle specific activities. These committees shall carry out such duties as the president may, from time to time, direct. Each committee shall consist of a chair and such persons that the President shall appoint.
 
ARTICLE 9   ELECTIONS/APPOINTMENTS:
 
(1) The following shall constitute the rules by which elections for the officers of USATF-HI shall be held:
 
(a) Officers of USATF-HI shall be elected annually at the annual meeting of USATF-HI. All bona fide members of USATF-HI are eligible to be officers; election shall be by majority vote of those USATFHI members present. A nomination slate may be issued by a Nomination Committee, appointed by the President, and approved by the Board.
 
(b) Officers and elected board members serve for a period of one-year, to coincide with the USATFHI organizational year; officers may serve a maximum of four consecutive one-year terms in a specific position, after which they must step down from said position for a period of one year before being eligible for re-election to that same position. Said individuals may, however, subsequently and immediately serve in other officer or committee chair positions.
 
(c) Election Notice
 
(i) Distribution: Notice must be distributed by postal mail, newsletter, USATF-HI website (with accompanying e-mail notification), or the USATF website (with accompanying e-mail notification).
 
(ii) Website use: If a web site is to be used to inform members of the elections, then members must be informed by-e-mail where to find information on the web site, or through a mailing or newsletter.
 
(iii) Prior arrival: The initial meeting notice must be sent and posted so that it will arrive at least thirty (30) days prior to the beginning of the elections process.
 
(iv) Changes: Any notice of a meeting change or a change in the election process must be at least fourteen (14) days prior to the meeting.
 
(d) Nominating process
 
(i) In-person meeting nominations: Nominations may be made and must be allowed from the floor at an in-person election meeting;
 
(ii) Mail-ballot nomination opportunities: If a mail ballot is used, an opportunity to nominate candidates must be given to all members prior to the formulation of the ballot. A clear process must be provided to each member, and the nominating process must not be unduly rigorous;
 
(iii) Membership & age criteria: A candidate must be a member of the Association who is at least 18 years of age (at the start of the term of office); and
 
(iv) Nominations and seconds; A candidate needs one (1) nominator and one (1) seconder who are both members of USATF-HI.
 
(e) Voter Criteria
 
(i) One person-one ballot: One (1) person shall cast only one (1) ballot, regardless of how many positions within USATF-HI the person occupies;
 
(ii) Proxies; There shall be no proxy voting; however, members may “attend” and vote by conference call or other “electronic” means.
 
(iii) Minimum age: Voters must be a minimum of age eighteen (18) on the day of the election or, in the case of a mail ballot, on the day the ballots are due;
 
(iv) Voting membership deadline: Except for renewals from the previous year, individuals must be members in the month which ends more than one full month preceding the election
 
(e.g., if the election is held at any time in September, the membership must be processed by July 31);
 
(v) Appointees: An appointed committee chair or Board member shall not vote in elections in that capacity, but may otherwise quality for a vote;
 
(vi) Organizations: Organizations shall have a minimum of one (1) vote, with USATF-HI having the option of awarding additional votes based on the size of organizations;
 
(vii) Organization voters: If an organization has more than one (1) vote, each ballot must be cast by a different representative; and
 
(viii) Membership of all voters: Organizations and any person representing an organization in USATF-HI voting matters must be members of USATF.
 
(f) Conduct of Voting
 
(i) Election of officers of USATF-HI shall be in an open meeting where all bona fide members of USATF-HI are eligible to attend and vote.
 
(ii) Disputes: Credential disputes must be resolved before the election process is started with nominations and/or the report of the nominating committee;
 
(iii) Uncontested: Uncontested elections may be voted by acclamation; and
 
(iv) Ballot type: A secret ballot must be used for contested elections.
 
(g) Counting of ballots
 
(i) Panel: A panel of at least three (3) individuals, at least one (1) of whom must be an athlete, shall count the ballots and sign the tally. All panel members shall be of voting age. The panel shall not include any individual who is a candidate for a contested office;
 
(ii) Consultation: The panel may consult as necessary with the chair, secretary, and/or parliamentarian (so long as they are not candidates for contested offices) on procedural matters;
 
(iii ) Mail ballots: Mail ballots shall only be opened in the presence of the entire panel. If circumstances prevent the appointed panel from convening in a timely manner, a new panel meeting the criteria in (a) above may be convened to count the ballots.
 
(h) Majority Requirement:
 
(i) Regardless of whether a mail ballot is used, all officers of USATF-HI must be elected by a majority of the ballots cast;
 
(ii) If a run-off election is necessary, it must be conducted immediately upon completion of the preliminary election, to include only the top two vote-getting candidates for each position.
 
(2) The following shall constitute the rules by which delegates to the National Convention are selected:
 
(a) USATF-HI is allowed delegates to attend and vote at the USATF National Convention. Such delegates shall be appointed by the President.
 
(3) The following shall constitute the rules by which Sport Committee Chairs are selected: (a) Age and terms: All Sport Committee chairs, whether elected or appointed, must be at least 18 years of age and members of USATF-HI. Chairs shall be elected or appointed for one-year terms which are determined prior to the voting for the position, and may serve unlimited consecutive terms.
 
(b) Election: When requested by two (2) or more member organizations of USATF-HI, sport committee chairs shall be elected. When a sport chair is elected, the election shall take place at a meeting which is held separately from the general elections, either by time or location, and at a minimum, shall be advertised to all member organizations in USATF-HI active in the discipline;
 
(c) Division elections: Joint election meetings may be held by committees in the divisions defined by USATF at the national level: high performance (men’s track & field, women’s track & field, and race walking), long distance running (men’s, women’s, masters, and cross country), and general competition (masters track & field, youth, and Associations).
 
(4) Employees and elections: Current employees (working within the past 90 days) shall not participate in any part of the elections process (nominations or campaigning), but may, at the discretion of USATF-HI, be permitted to vote if they are members and otherwise eligible.
 
ARTICLE 10 ANNUAL MEETING:
 
(1) All meetings of USATF-HI, including the annual meeting, board meetings and executive committee meetings, shall follow the latest published edition of Roberts Rules of Order, except where provisions of these by-laws apply.
 
(2) The operational year, and the fiscal year, of USATF-HI shall be the calendar year.
 
(3) A budget for the coming fiscal year shall be drafted by the Treasurer and approved by the Board of Directors prior to the Annual Meeting (said approval may be by electronic communication), and shall be presented to the membership at the Annual Meeting. The President and Treasurer are responsible for making sure all expenditures conform to and fall within the approved budget.
 
(4) The Annual Meeting of USATF-HI shall be open to all members of USATF-HI who are at least 18 years of age, and shall be held in the month of August or at such other date as designated by the Board of Directors. Date and agenda of the Annual Meeting shall be published at least 30 days prior to the date of the meeting, such publication to be noted prominently on the USATF-HI website and eligible membership to be notified of such posting by electronic mail (provided they have made their e-mail addresses known to USATF-HI).
 
ARTICLE 11 QUORUM:
 
(1) A Quorum for the annual meeting shall be at least a simple majority of members of the Board of
Directors present at such meeting, plus any other USATF-HI members who wish to attend.
 
(2) A Quorum for Board of Directors meetings shall be a simple majority of the Board of Directors present at any meeting for which notice has been duly given.
 
ARTICLE 12 AMENDMENTS:
 
(1) These By-Laws may be amended, by addition, substitution or alteration, at any meeting of USATF-HI Board of Directors, by two-thirds majority vote of all members of USATF-HI in attendance, provided that such amendments do not violate the regulations of USATF, and provided that details of proposed changes are made known to USATF-HI members (by website posting and e-mail notification) at least 14 days prior to the meeting.
 
(2) Changes to the By-Laws become effective immediately upon publication (via website or otherwise) of approved revisions.
 
ARTICLE 13 REMOVAL FROM OFFICE:
 
(1) Any officer or committee chair of USATF-HI may be removed for good cause by a two-thirds vote of those delegates of USATF-HI present and voting at an annual meeting or special meeting called for this purpose, and provided the requisite notice for such meeting (see Article 9) shall properly set forth the removal vote on its agenda.
 
ARTICLE 14 REDRESS OF GRIEVANCES:
 
(1) A grievance may be any matter within the cognizance of USATF –HI as described in Regulation A, below. Grievances shall be filed and administered in accordance with Regulation A.
Regulation A FORMAL GRIEVANCES AND DISCIPLINARY PROCEEDINGS

A. Jurisdiction: USATF-HI shall have jurisdiction over all disciplinary and formal grievance proceedings relating to matters that arise within the boundaries of USATF-HI, except sexual misconduct allegations and doping violations which shall be under the jurisdiction of USATF. All penalties imposed by USATF-HI shall be effective only within the jurisdiction of USATF-HI.
 
B. Association Arbitration Panel: The following shall apply to the appointment and conduct of the Association Arbitration Panel (AAP);
 
1. Members: The Association Arbitration Panel of USATF-HI shall consist of three (3) members – a chair, an at-large member, and an athlete member. There shall also be a first alternate, second alternate, and additional alternates who may be appointed from time to time when any of the three members of the AAP are not available.
 
Members of the AAP shall not be members of the USATF-HI Board or Executive Committee.
 
2. Appointments: Appointments shall be made by the President with the approval of the USATF-HI Board; the appointments shall be duly reflected in the minutes of a properly convened Board meeting.
 
3. Terms: Terms shall commence on January 1 of each even-numbered year.
 
4. Removal: Members and alternates may be removed for good cause by majority vote of the USATF-HI Board. Good cause may include, but is not limited to, the following:
 
a. Dilatory practices: An AAP member who causes or permits delays in the hearing process;
 
and/or
 
b. Failure to follow procedures: An AAP member who disregards or fails to apply the hearing
 
procedures or other provisions set forth in USATF-HI By-Laws, USATF-HI Rules or Regulations,
USATF Rules or Regulations, and/or USATF By-Laws
 
C. Grievances: A grievance may involve any matter, other than sexual misconduct and doping offenses, within the cognizance of USATF-HI that occurs in the jurisdiction of USATF-HI:
 
1. Grievance Complaints: A Grievance Complaint shall state the following:
 
a. Detrimental conduct: Conduct detrimental to the best interests of Athletics, USATF, or USATFHI
 
has taken place; or
 
b. USATF violations: A violation of any of USATF’s By-Laws or Operating Regulations and/or of a
violation of any of USATF-HI By-Laws or Operating Regulations has occurred.
 
2. Parties: Grievance Complaints may be filed only by and against individuals or entities which were, at the time that the conduct complained of occurred, and at the time the Complaint is filed, members, directors, or officers of USATF-HI or otherwise subject to the jurisdiction of USATF-HI. A non-member, former director, or former officer of USATF –HI shall be subject to the jurisdiction of USATF-HI for the purpose of defending against a Grievance Complaint for an incident that occurred while he or she was a member, a director, or officer of USATF-HI or otherwise subject to the jurisdiction of USATF-HI. A Grievance Complaint may only be filed by a person or entity affected by the issues raised in the complaint; and
 
3. Time limit: Grievance Complaints must be filed within one (1) year from the time the complaining party knew or should have known of the act giving rise to the Complaint.
 
D. Disciplinary matters: USATF-HI shall have the authority to discipline any member who, by neglect or by conduct, acts in a manner subject to discipline pursuant to Regulation (enter the regulation #} below.
 
1. Activities subject to discipline: USATF -HI may discipline any member who, by neglect or by conduct:
 
a. Detrimental conduct: Acts in a manner detrimental to the purposes of USATF, USATF-HI{ , or Athletics;
 
b. USATF, IAAF, and Sports Act violations: Violates any of the Bylaws, Operating Regulations, or Competition Rules of USATF or the IAAF, or violates the Sports Act;
 
c. Eligibility violations: Violates the rules of eligibility for Athletics;
 
2. Time limit: Disciplinary proceedings must be requested within one (1) year from the time the complaining party knew or should have known of the issue giving rise to the request for a disciplinary hearing.
 
E. Rights of the persons or entities: In all matters subject to this Regulation, all parties shall be provided with fair notice and an opportunity for a hearing prior to the adjudication or imposition of any penalty by USATF-HI or its AAP. All parties:
 
1. Representation: May be represented in any disciplinary, grievance, or USATF-HI proceeding by a person(s) who may (but need not) be an attorney;
 
2. Right to appeal: May appeal any adverse decision in accordance with this Regulation;
 
3. Attendance at hearing: May be present at any hearing; and
 
4. Presenting and challenging evidence: Shall have the right to present evidence and witness testimony and to cross-examine witnesses testifying against him, her or it.
 
F. Initiation of proceedings: Formal grievances shall be initiated as follows:
 
1. Grievance complaint filing procedures:
 
a. Filing location: Complaints shall be filed with USATF-HI President and Secretary. The Secretary shall forward a copy of the Complaint to the each party charged in the Complaint;
 
b. Language: All documents filed and exchanged with respect to this Regulation shall be in English; provided, however, that an original document that is in a foreign language must be submitted along with an English translation. The party submitting the document shall bear the cost of obtaining its translation which shall be conducted by a reputable translator or translation service. In the event of a challenge to the accuracy of a translated document, the panel chairperson may direct USATF-HI to order a translation of the document(s) in question and may allocate the cost of the translation to any party or all parties, as the panel deems appropriate;
 
c. Basis for the Complaint: The Complaint shall allege clearly the nature of the dispute and, where appropriate, state the specific violation of the Bylaws, Operating Procedures, Competition Rules, or Policies of USATF, USATF-HI or the IAAF;
 
d. Facts of allegation: Factual allegations shall be separately stated in concise language with one allegation set forth in each numbered paragraph of the Complaint;
 
e. Signature: The Complaint shall be signed by the person filing the Complaint.
 
f. Filing fees: A filing fee of One Hundred U.S. Dollars (US$100) must accompany an organization’s complaint and a filing fee of Seventy-five U.S. Dollars (US$75) must be paid by individuals filing a Complaint. The filing fee must be in the form of a certified check or money order made payable to
USATF-HI;
 
2. Failure to comply with Complaint procedures: Complaints that fail to comply with the procedures outlined in this Regulation shall be returned to the filer with instructions explaining the deficiency. A
returned Complaint may be re-filed within thirty (30) days of the initial filing. After thirty (30) days, the Complaint will be deemed abandoned;
 
3. Informal resolution of grievances: Upon receipt of a Grievance Complaint, the President or his/her designee shall make every effort to resolve the dispute through informal means. In disputes pertaining to a specific sport discipline, the President or his/her designee shall also confer with the chairperson of the sport committee for the discipline involved. All discussions related to the informal resolution of a complaint shall be confidential;
 
4. Formal resolution: If the informal resolution of the complaint is unsatisfactory to any party, or if a
party declines to pursue informal resolution, the party may request that the complaint be resolved by a formal hearing before an AAP panel;
 
5. Hearing panel: When one party has indicated that the matter cannot be resolved informally, the President or his/her designee shall coordinate the selection of a three person arbitration panel. The arbitration panel should include at least one Active Athlete. One panel member will be selected as Chairperson with responsibilities to control and conduct the process. The arbitrators shall not be members of the USATF-HI Board or Executive Committee.
 
G. Notice of proceedings: Within thirty (30) days of the commencement of a formal grievance all interested parties and the hearing panel shall be sent the following by the USATF-HI Secretary:
 
1. Documents: A copy of the complaint or other documents giving rise to the proceeding, with any attachments;
 
2. AAP Members and Contact: The names of the hearing panel members and the address and telephone number of the panel’s chairperson;
 
3. Association Bylaws: A copy of the text of this Regulation of the USATF –HI By-laws and any other relevant USATF or USATF-HI Rule or Regulation; and
 
4. Other relevant documents: A copy of any specifically identified document(s) related to the dispute.
 
H. Answer: The person(s) or entity(ies) named in a Complaint (respondent(s) must submit a written answer to the Association Secretary within thirty (30) days after receipt of the letter notifying respondents that a proceeding has been filed (“Notice of Proceeding”). A copy of the Answer shall be forwarded by the Secretary to the complainant (the party filing the Complaint) and the AAP panel. The failure of respondent(s) to answer within thirty (30) days after the receipt of the Notice of Proceedings will be deemed a waiver by respondent of the opportunity to have a hearing or have an appeal of any adverse decision. Upon such failure, and after confirmation of the receipt of the Notice of Proceeding by all parties, the hearing panel may proceed in the absence of the respondent and may decide the matter with or without a hearing and with or without taking testimony and evidence, as it deems appropriate. If a party raises a hearing panel challenge under this Regulation Paragraph I, the panel chair may extend the time to answer.
 
I. Challenge to arbitrator(s): Within fourteen (14) days following the receipt of the Notice of Proceedings any party to the hearing may challenge the seating of any AAP panel member, on the ground that the panel member may not be impartial. The panel chairperson may extend the time to answer if a panel member is challenged. Failure to bring a timely challenge against the seating of an AAP arbitrator constitutes a waiver of such challenge.
 
J. Hearing procedures: The following procedures apply to formal grievance, and other hearings:
 
1. Pre-hearing conference call: Within five (5) business days of the expiration of the arbitrator challenge the AAP panel chairperson shall conduct a pre-hearing conference by telephone conference call with all parties to discuss scheduling and procedural matters.
 
2. Date of Hearing: Best efforts should be used to set a convenient time and date for all participants. The AAP hearing panel shall schedule the hearing to take place within thirty (30) days of the initial pre-hearing conference. The hearing date may be delayed beyond the thirty (30) day period only upon a showing to the AAP panel that a substantial injustice would otherwise occur.
 
3. Location for hearing: Hearings shall be held in-person, unless good cause is shown to the AAP chairperson that holding the hearing by telephone conference call is in the best interest of the sport.
 
a. Reason for request for telephone conference call hearing: If a party requests that the hearing be held by telephone conference call, such request shall be accompanied by a statement identifying the material reasons which the hearing panel should resolve in this venue.
 
b. Deadline for request: The telephone conference call hearing request must be submitted to the AAP chairperson within ten (10) business days of the receipt of the Notice of Proceedings. Failure to submit a telephone conference call hearing request during the above-described timeframe constitutes a waiver of the right to request a telephone conference call hearing.
 
4. Delays: if an interested party causes an unnecessary delay, the AAP panel may dismiss the proceeding or, at its discretion, rule against the party causing the delay. If the delay is the result of AAP panel inaction, the President or his/her designee may dismiss the panel and replace it with a new panel. If a party to the proceeding fails to appear at the hearing, then the AAP panel may make a ruling based on available information and the testimony of those present at the hearing;
 
5. Evidentiary rules: The rules of evidence generally accepted in administrative proceedings shall be applicable to the hearing; the formal rules of evidence shall not apply;
 
6. Burden of proof: The burden of proof is upon the complainant to prove by a preponderance of the evidence that conduct described in Regulation??-C- 1 or??- D-l above has occurred;
 
7. Hearing record: An official transcript or recording is highly recommended for hearings conducted by an Association. Any party to the proceedings may retain a court reporter or other competent individual to provide a transcript or recording of the hearing at that party’s own expense. If made, such transcripts or recordings shall become the official record of the proceedings and a copy shall be provided to all parties at their own expense; and
 
8. Closed bearing: Hearings shall be closed to the public. Witnesses shall attend hearings only as necessary to provide testimony.
 
K. AAP decisions and opinions: The following shall pertain to AAP final decisions and opinions rendered in hearings and appellate proceedings:
 
1. Scope of decision: All AAP panel decisions shall be consistent with USATF, USATF-HI and IAAF Rules and Regulations, and the Sports Act. If the implementation of any AAP panel decision and opinion would have a significant budgetary impact on USATF_HI, the Budget Committee chair and/or the USATF-HI Treasurer shall review it and report their findings to the USATF-HI Board within thirty (30) Days of the issuance of the opinion. In such instances, the decision and opinion shall not become final and binding unless and until approved by the USATF-HI Board. Said Board shall determine to what extent any AAP decision and opinion having a significant budgetary impact on USATF-HI may be implemented, in light of fiscal considerations, and may remand the matter back to the AAP panel for modification based upon budgetary directives from the USATF-HI Board;
 
2. Form of decision and opinion: The AAP decision shall state in one or two brief sentences which party the AAP arbitrators have ruled in favor of. The opinion of the AAP panel shall set forth the following:
 
a. Issue: The question(s) the AAP panel was asked to decide;
 
b. Arguments: A brief summary of the arguments made by each party;
 
c. Findings of fact: The findings of fact upon which the panel based its decision;
 
d. Citations: A citation to the applicable IAAF, USATF, USATF-HI, Sports Act, or other applicable
rule, bylaw or minutes, reports, guidelines, or other documents upon which the AAP panel decision
is based, if any; and
 
e. Stay provision: Whether the effect of the decision shall be stayed in the event of an appeal, if appropriate;
 
3. Time frame: An AAP panel shall issue a decision with respect to the disciplinary, formal grievance, or other proceedings within fifteen (15) days after the conclusion of the hearing. The panel shall render a written opinion no later than thirty (3C) days after the conclusion of the hearing, or after the submission of any post hearing documentation to the panel.
 
4. Effect of decision: All AAP panel decisions shall be effective upon the date rendered, unless otherwise stated in the decision.
 
L. Appeals: The decision of the arbitrators may be appealed pursuant to UATF Regulation 11-P.