[blml] Chicago regional case 11: Director's error
Ed Reppert
ereppert at rochester.rr.com
Fri Sep 22 09:39:36 CEST 2006
I do not see how an AC is justified in applying law 82C. That law
says "If the Director has given a ruling that he or the Chief
Director subsequently determines to be incorrect, and if no
rectification will allow the board to be scored normally, he shall
award an adjusted score, considering both sides as non-offending for
that purpose." The Law does *not* say "If the Director has given a
ruling that an AC subsequently determines to be incorrect...."
As I understand the laws and the proper procedure for ACs, if the AC
decides the TD made a judgement error, the AC may substitute its
judgement for his, and make the ruling to which their judgement
leads. If, however, the AC feels the TD made an error in law, all
they can do is suggest to him that he change it. In no case that I
can see is a committee justified in applying law 82C.
The case in point revolves around the question whether there was in
fact a claim. That question is answered by Law 68A, and it seems to
me the answer is a matter of law, and not one of judgement. So it
seems to me that in this case the committee was wrong twice - once in
applying 82C in order to arrive at an adjustment, and prior to that
also in overturning the TD's ruling in the first place, rather than
sending the case back to him with a recommendation that he change his
ruling himself.
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