REGULATION 21 (c) Allow the remaining member(s) of the Post-Hearing Review Body to conduct the review. 21.13.8.5 The Post-Hearing Review Body shall determine the basis upon which any review will proceed. It may, however, in its discretion rehear the whole or any part of the evidence given before the Judicial Committee as it considers appropriate. Pending the decision of the Post-Hearing Review Body the decision of the Judicial Committee remains in full force and effect. 21.13.8.6 Where any question of fact arises on any review before the Post-Hearing Review Body it may be determined by reference to the record of proceedings before the Judicial Committee. However, the Post-Hearing Review Body, in its discretion, may rehear or receive written evidence in respect of the whole or any part of the evidence given before the Judicial Committee as it considers appropriate. 21.13.8.7 The Post-Hearing Review Body shall have the power to conduct and regulate the review proceedings as it sees fit having regard to the circumstances of the case. Although the Post-Hearing Review Body is entitled to regulate its own procedure it shall conform to the procedures stated in these Anti-Doping Rules and with the procedural guidelines set out below: (a) The review shall be conducted in a timely fashion; (b) The parties shall have the right to be represented by counsel at their own expense; and (c) The decision shall be timely, written and reasoned. 21.13.8.8 The Post-Hearing Review Body shall be entitled to call on experts to provide specialist advice, including legal advice. 21.13.8.9 The Post-Hearing Review Body shall have full discretionary power to hear and receive such further evidence as it thinks fit, provided it is established by the party wishing to lead such new evidence that such evidence was not, on reasonable enquiry, available at the time of the original hearing. 21.13.8.10 In any case where a witness required by the Post-Hearing Review Body refuses or fails to attend before the Post-Hearing Review Body, the Post- Hearing Review Body may decide whether or not to allow the evidence of that witness to be given in any other form. 21.13.8.11 Save where the Post-Hearing Review Body decides to hear the entire case de novo (in which circumstances the applicable first instance standards and burdens shall apply), the party seeking review shall have the burden of proving that the decision being challenged should be overturned or varied. 21.13.8.12 The Post-Hearing Review Body may request that a World Rugby representative attend the hearing before the Post-Hearing Review Body. Last update: 14 January, 2015 381
World Rugby Handbook
To see the actual publication please follow the link above