Page:United States Statutes at Large Volume 92 Part 3.djvu/423

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-606—NOV. 8, 1978

92 STAT. 3055

the Olympic Games and the Pan-American Games) and certify, m accordance with applicable international rules, the amateur eligibility of such individuals and teams. "SEC. 204. The Corporation may review all matters relating to the Review. continued recognition of a national governing body and may take such 36 USC 394. action as it considers appropriate, including, but not limited to, placing conditions upon the continued recognition of the national governing body. "SEC. 205. (a)(1) Any amateur sports organization or person which Complaints. belongs to or is eligible to belong to a national governing body may 36 USC 395. seek to compel such national governing body to comply with the requirements of sections 201(b) and 202 of this title by filing a written complaint with the Corporation. Such organization or person may take such action only after having exhausted all available remedies within such national governing body for correcting deficiencies, unless it can be shown by clear and convincing evidence that those remedies would have resulted in unnecessary delay. The Corporation shall estab- Filing lish procedures for the filing and disposition of complaints received procedures. under this subsection. A copy of the complaint shall also be served on the applicable national governing body. "(2) Within 30 days after the filing of the complaint, the Corporation shall determine whether the organization has exhausted its remedies within the applicable national governing body, as provided in paragraph (1) of this subsection. If the Corporation determines that any such remedies have not been exhausted, it may direct that such remedies be pursued before the Corporation will further consider the complaint. "(3)(A) Within 90 days after the filing of a complaint under Hearing paragraph (1) of this subsection, if the Corporation determines that all such remedies have been exhausted, it shall hold a hearing to receive testimony for the purpose of determining if such national governing body is in compliance with the requirements of sections 201(b) and 202 of this title. "(B) If the Corporation determines, as a result of the hearings conducted pursuant to this subsection, that such national governing body is in compliance with the requirements of sections 201(b) and 202 of this title, it shall so notify the complainant and such national governing body. "(C) If the Corporation determines, as a result of hearings conducted pursuant to this subsection, that such national governing body is not in compliance with the requirements of sections 201(b) and 202 of this title, it shall— "(i) place such national governing body on probation for a specified period of time, not to exceed 180 days, which it considers necessary to enable such national governing body to comply with such requirements, or "(ii) revoke the recognition of such national governing body. "(D) If the Corporation places a national governing body on probation pursuant to this paragraph, 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 such requirements. If, at the end of the period