Reconsideration Policy (Superseded)
Adopted 4 March 1999
Superseded 15 December 2002
Note: This reconsideration policy was adopted by the ICANN Board on 4 March 1999 to implement Article III, Section 4(a) of the Bylaws in effect at that time. On 15 December 2002, ICANN began transitioning to New Bylaws. Article IV, Section 2 of those Bylaws replace this policy.
Any person affected by an action of the Internet Corporation for Assigned Names and Numbers ("ICANN") may request review or reconsideration of that action by the Board of Directors.
The Board will establish and maintain a Committee of the Board consisting of not less than three directors to review and consider any such requests ("Reconsideration Committee"). The Reconsideration Committee will have the authority to: (i) evaluate requests for review or reconsideration, (ii) determine whether a stay of the contested action pending resolution of the request is appropriate, (iii) conduct whatever factual investigation is deemed appropriate, (iv) request additional written submissions from the affected party, or from other parties, and (v) make a recommendation to the Board of Directors on the merits of the request.
ICANN will absorb the normal administrative costs of the reconsideration process. It reserves the right to recover from a party requesting review or reconsideration any costs which are deemed to be extraordinary in nature.
A request for review or reconsideration must be filed within 30 days after (a) the affected party or its affiliate receives notice of the action, or (b) ICANN posts notice of the action on its web site, whichever is sooner. Requests for review or reconsideration must be submitted by email to email@example.com. No particular form is required, but requesting parties must include at least the following information:
If a temporary stay of the action is requested, the requesting party should identify what harms will result if the action is not stayed.
The Reconsideration Committee will endeavor to complete its work and submit its recommendation to the Board within 30 days of the filing of the request; its recommendations will be made public on the ICANN web site. The Board will not be bound to follow the recommendations of the Reconsideration Committee. The final decision of the Board will be made public as part of the minutes of the Board meeting at which it was made.
To protect against abuse of the reconsideration process, a request for reconsideration may be dismissed by the Reconsideration Committee where it is repetitive, frivolous, non-substantive, or otherwise abusive, or where the affected party had an opportunity, but was unwilling, to participate in the public comment period relating to the contested action, if applicable. Likewise, the Reconsideration Committee may dismiss a request when the requesting party has not shown that it will be "affected" by ICANN's action.