French Sports Code
In forceI.-On receipt of the interested party's observations, the Agency may ask him to provide additional information and documents within a time limit that it shall determine and may submit these observations to experts.
II -When the Board decides, after having taken note of the interested party's observations or after the expiry of the period provided for in 6° of article R. 232-88, to initiate disciplinary proceedings, the notification of grievances shall be sent to the interested party by registered letter with acknowledgement of receipt or by letter delivered against receipt. This notification shall specify:
1° Those rules provided for in articles L. 232-9, L. 232-9-1, L. 232-9-2, L. 232-9-3, L. 232-10, L. 232-10-3, L. 232-10-4, L. 232-15-1 or L. 232-17 which it is presumed have been breached, as well as the facts and evidence on which this presumption is based;
2° The sanctions and consequences incurred pursuant to Articles L. 232-21 to L. 232-23-6 and those proposed by the Secretary General of the Agency pursuant to Article L. 232-22 ;
3° The possibility for the interested party, within a period of twenty days from receipt of the notification :
a) either enter the administrative composition procedure by acknowledging the violation, accepting the sanctions and consequences proposed by the Secretary General and waiving the hearing before the Sanctions Committee;
b) or refuse to enter the administrative composition procedure by contesting the violation, refusing the sanctions and consequences proposed by the Secretary General or requesting the hearing before the Sanctions Committee;
4° The possibility for the interested party to provide evidence constituting substantial assistance within the meaning of Article L. 230-4 and, where applicable, to have the sanction of prohibition imposed subject to a partial stay of execution under the conditions provided for in Article L. 232-23-3-2 ;
5° The possibility for the interested party to benefit from the application of the provisions of III of Article L. 232-23-3-10 by admitting the violation within twenty days of receipt of the notification or to conclude the administrative composition agreement provided for in IV of Article L. 232-23-3-10.
The notification of grievances shall be sent, by any means, to the World Anti-Doping Agency, to the International Federation concerned and, where applicable, to the foreign National Anti-Doping Organisation concerned.
III - As from the receipt by the French Anti-Doping Agency of the acceptance of the proposal to enter the administrative composition procedure, the agreement referred to in the fourth paragraph of Article L. 232-22 shall be concluded within a maximum period of two months.
When the agreement is validated by the Board, the decision is notified by registered letter with acknowledgement of receipt or by letter delivered against receipt, to the person proposed for administrative membership and, by any means enabling proof of receipt, to the sports federation and professional league concerned. The agreement is also sent, by any means, to the Minister for Sport, the World Anti-Doping Agency, the International Federation concerned and, where applicable, to the foreign National Anti-Doping Organisation concerned, as well as to the International Olympic Committee or the International Paralympic Committee when the decision may have an effect in relation to the Olympic or Paralympic Games, in particular by affecting the possibility of participating in them. The decision is also forwarded to the chairman of the Sanction Committee. When the person concerned is notified of this decision, the information mentioned in the third paragraph of article R. 232-97 is brought to his attention.
If the agreement is not approved by the Enforcement Board, the Board may ask the Secretary General to submit a new draft agreement to the person proposed for administrative membership. The new agreement shall be concluded within a period that may not exceed one month from the notification of the refusal to validate. The procedure provided for in this paragraph may only be implemented once.
