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Internet Corporation for Assigned Names and Numbers
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Reconsideration Policy - DRAFT
February 8, 1999
IMPORTANT NOTICE - This document is in a preliminary form. It is NOT authoritative and is NOT to be relied on by any party. Subject to public comment, the ICANN Board intends to consider adopting this policy, or a revised version of this policy, at its next regularly scheduled meeting in Singapore on March 2-4, 1999.
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 <reconsideration@icann.org>. No particular form is required, but requesting parties must include at least the following information:
- name, address, and contact information for the requesting party, including postal and email addresses;
- the specific action of ICANN for which review or reconsideration is sought;
- the date of the action;
- the manner by which the requesting party will be affected by the action;
- whether a temporary stay of the action is requested;
- what specific steps the requesting party asks ICANN to take - i.e., whether and how the action should be reversed, cancelled, or modified;
- the grounds on which the action should be reversed, cancelled, or modified; and
- any documents the requesting party wishes to submit in support of its request.
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.
Submit comments on this draft via email to:
All comments will be acknowledged. If you do not receive an acknowledgement of receipt, please contact Molly Shaffer Van Houweling, msvh@icann.org.
All comments will be posted on the ICANN website for public review and response. Comments received by midnight, U.S. West Coast time, February 26, will be considered by the ICANN Board of Directors in advance of any votes on these matters at the March 4 ICANN Board meeting in Singapore. The ICANN Board will also consider comments made at its public forum on March 3 in Singapore. (For details see http://www.icann.org/singapore.html.)