As it stands, if a team wishes to appeal a penalty, there is a two-step process. The case will be heard by an appeals panel, who will hand down their verdict. If the appellant finds the results unsatisfactory, they may appeal further to the final appeals officer.
That core process will remain unchanged, but NASCAR has amended the rules to allow for more representatives on both sides during the hearing. Previously, only one NASCAR official was allowed to be present in representing the sanctioning body's case.
Over the past month, two major penalties were overturned by the appeals panel. On September 13th, Jeremy Clements regained his spot in the NASCAR Xfinity Series playoffs after winning his appeal of an L2-level penalty following his victory at Daytona Int. Speedway. Additionally, William Byron was docked 25 points after he intentionally hit and spun Denny Hamlin under caution at Texas Motor Speedway, but the points deduction was later rescinded by the appeals panel on October 6th, doubling the fine instead.
NASCAR now faces another high-profile appeal, this time from Stewart-Haas Racing. The team was hit with a major penalty for modifying a single source supplied part (rear deck lid) on the No. 4 Ford Mustang of Kevin Harvick. That appeal was dropped, but the team remains committed to appealing a more recent penalty handed down to the No. 41 team of Cole Custer.
Custer and crew chief Mike Shiplett were deemed to have been in violation of the NASCAR Member Code of Conduct and the Performance Obligation sections in the rule book. This was in relation to his decision to back down on the final lap of the playoff cut-off race at the Charlotte Roval, helping teammate Chase Briscoe as he fought to secure a place in the Round of 8. Custer was fined $100,000 and docked 50 driver and owner points. Shiplett was also fined $100,000 and indefinitely suspended from NASCAR.
The team released the following statement from chief competition officer Greg Zipadelli on Wednesday: "Stewart-Haas Racing denies any wrongdoing and will vigorously defend its personnel against these allegations in its appeal with NASCAR."
