§220527 — Title 36 Patriotic and National Observances | U.S. Code

Summary

An amateur sports organization or a person who is a member of or could join a national governing body can file a written complaint with the corporation to force the governing body to follow certain rules. The complainant must give a copy to the national governing body. The corporation must create procedures for handling complaints and hold a hearing within 90 days to get testimony and decide if the governing body is following the rules. If the corporation finds the governing body is following the rules, it will tell the complainant and the governing body. If it is not, the corporation will either put the governing body on probation for up to 180 days or take away its recognition. The probation can be extended if the governing body shows by clear and convincing evidence, through no fault of its own, that it needs more time. If it still hasn’t complied by the deadline, the corporation must revoke recognition.

Title 36, §220527

Patriotic and National Observances — Source: USLM XML via OLRC

(a)(1)An amateur sports organization or person that belongs to or is eligible to belong to a national governing body may seek to compel the national governing body to comply with section 220522, 220524, and 220525 of this title by filing a written complaint with the corporation. A copy of the complaint shall be served on the national governing body.

(2)The corporation shall establish procedures for the filing and disposition of complaints under this section.

(b)The corporation shall hold a hearing, within 90 days after the complaint is filed, to receive testimony to decide whether the national governing body is complying with section 220522, 220524, and 220525 of this title.

(c)(1)If the corporation decides, as a result of the hearing, that the national governing body is complying with section 220522, 220524, and 220525 of this title, it shall so notify the complainant and the national governing body.

(2)If the corporation decides, as a result of the hearing, that the national governing body is not complying with section 220522, 220524, and 220525 of this title, it shall—

(A)place the national governing body on probation for a specified period of time, not to exceed 180 days, which the corporation considers necessary to enable the national governing body to comply with those sections; or

(B)revoke the recognition of the national governing body.

(3)If the corporation places a national governing body on probation under paragraph (2) of this subsection, it may extend the probationary period if the national governing body has proven by clear and convincing evidence that, through no fault of its own, it needs additional time to comply with section 220522, 220524, and 220525 of this title. If, at the end of the period allowed by the corporation, the national governing body has not complied with those sections, the corporation shall revoke the recognition of the national governing body.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 220527(a)(1)36:395(a)(1) (1st, last sentences).Sept. 21, 1950, ch. 975, title II, § 205(a), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3055. 220527(a)(2)36:395(a)(1) (3d sentence). 220527(b)(1)36:395(a)(1) (2d sentence). 220527(b)(2)36:395(a)(2). 220527(c)36:395(a)(3)(A). 220527(d)36:395(a)(3)(B)–(D). In subsection (b)(2), the words “or person” are added for clarity and consistency in the section. The words “all available remedies” are substituted for “its remedies” for consistency with subsection (b)(1) of this section. The words “within the applicable national governing body” are omitted as unnecessary.

Editorial Notes

Amendments

2020—Subsec. (b). Pub. L. 116–189, § 7(d)(1), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to exhaustion of remedies before filing a complaint. Subsec. (c). Pub. L. 116–189, § 7(d)(3), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b). Pub. L. 116–189, § 7(d)(2), substituted “The corporation” for “If the corporation decides that all available remedies have been exhausted as required by subsection (b)(1) of this section, it”. Subsec. (d). Pub. L. 116–189, § 7(d)(3), redesignated subsec. (d) as (c).

§220527 Complaints Against National Governing Bodies