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Northern Ontario Hockey Association 110 Lakeshore Dr. , North Bay Ontario P1A 2A8 Tel: (705) 474-8851 Fax: (705) 474-6019 E-Mail: noha@noha.on.ca |
REGULATION NUMBER TWELVEPROTESTSR.12.1. All protests shall be triplicate and shall be in writing, and the following method of procedure shall be followed: TIME: Protests in writing and supported by evidence shall be in the hands of the Executive Director of the NOHA and the opposing team within 48 hours of the advertised time of the match protested. THE PROTEST: The protest shall be in writing and shall set out the regulations and rules by number, under which the protest is laid, and shall be signed by the President or Secretary or Manager of the protesting team. Accompanying the protest shall be a summary of the evidence to be submitted. At the hearing, where witnesses are not to be called, evidence may be submitted by declaration only, under the Canada Evidence Act. DELIVERY: The protest shall be delivered to the team protested and to the NOHA as follows: PERSONAL, in the case of the opposing team, the President, Manager, Secretary or Coach shall be served in person within the time hereinbefore set out. In the case of the NOHA, the Executive Director shall be served, except in the case of delivery to the NOHA office, where service upon an employee of the NOHA shall be sufficient service. BY MAIL, service must be made to both the opposing clubs, via: President, Manager, Secretary or Coach, and upon the NOHA by registered mail or licensed courier service; the letter shall bear clearly the name of the individual to which the protest is sent, in addition to their office and address. Such registered post must bear a postmark or official dated courier receipt or label by which in the ordinary course of business, the letter would ordinarily be delivered to the address within the 48 hour period hereinbefore set out. SATURDAY, SUNDAY, OR STATUTORY HOLIDAY: Where either the time for personal delivery or by registered mail falls on Saturday, Sunday or statutory holiday, the time for Saturday, Sunday or statutory holiday shall not count in the 48 hour period for delivery of the protest. DEFENCE: The team protested shall be allowed 36 hours from the expiry of the 48 hour period to file its defence, together with copies of documentary evidence, if any, to be used at the hearing and a list of witnesses to be called by the defence. Delivery shall be in the same manner as hereinbefore provided for the delivery of the protest, except that the words 36 hours shall replace the words 48 hours. REPLY: A reply to the evidence filed may be entered by the protesting team at least 12 hours before the time fixed for hearing of the protest by the Sub-Committee or Executive, and a copy shall be supplied within the same period of the time to the opposing team. FEE: The protest must be accompanied by a deposit of $100.00 for all teams Senior to Novice, which sum shall be forfeited to the NOHA should the Board of Directors, whose decision shall be final, disallow the protest. HEARING: Both teams will be notified by the NOHA, if deemed necessary, of the date and place of hearing, and may be represented at the hearing of the protest. All protests will be heard by the Board of Directors or Sub-Committee, or a Special Committee of three members. REFEREE'S DECISION: Protests on a referee's decision, will not be considered unless it concerns a question of interpretation of the rules. THE PARTIES: Except as hereinafter set out under residence qualifications, only the two competing teams shall have the right to file a protest in regard to any game. R.12.2. Removed May 1, 2005. R.12.3. Should any dispute arise between the NOHA and any Member Partner of the OHF which cannot be resolved by negotiation between the NOHA and such other Member Partner, such dispute shall be referred to the Board of Directors of the OHF for resolution. R.12.4. The OHF agrees that no player who transfers from one Member Partner of the OHF to another Member Partner of the OHF shall be granted a playing certificate in the Member Partner of the OHF to which he/she transfers without the written consent of the Member Partner from which he/she transferred. Any team which allows such a player to play without such written consent shall lose all rights to the said player for the balance of the current season. R.12.5. Regulation removed May, 2005. R.12.6. Any player transferred as a result of an appeal under these provisions shall not be transferred to any other team during the current season. |
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