On Saturday evening, the National Motorsports Final Appeals Officer Mr. Bryan Moss, heard and considered the appeal of driver Kurt Busch. The appeal by Busch was denied by Moss.
Moss chose to uphold the suspension against Busch as “the appellant violated the Rules set forth in the penalty notice and the decision of the National Motorsports Appeals Panel was correct” and “the penalty was within the scope of the guidelines”.
When a decision is made by the National Motorsports Final Appeals Officer, it is “final and binding” and marks the option for Busch in the NASCAR Rulebook to appeal a penalty laid against him. As a result, the indefinite suspension remains in effect and Busch is not be allowed to race nor participate in any NASCAR activities until further notice. NASCAR did state on Friday night that Busch can get reinstated and they will provide him with the guidelines of how to go about doing that.
Kurt Busch’s attorney Rusty Hardin released a statement, saying, “We are unhappy with the latest decision to deny our re-appeal, but we will continue to exhaust every procedural and legal remedy we have available to us until Kurt Busch is vindicated. Along the way we intend to continue to call attention to the facts and witnesses that will shed light on Ms. Driscoll’s true character, motivations and history.”
Earlier today, Busch stood before the National Motorsports Appeals Panel and was denied that appeal, forcing him to appeal to the National Motorsports Final Appeals Officer.
NASCAR announced on Friday, February 20th that they have indefinitely suspended Kurt Busch. Busch’s suspension falls under Section 12.1.a: Actions detrimental to stock car racing and Section 12.8: Behavioral Penalty of the 2015 NASCAR Rulebook.
“Given the serious nature of the findings and conclusions made by the Commissioner of the Family Court of the State of Delaware, NASCAR has indefinitely suspended driver Kurt Busch, effective immediately,” NASCAR Vice President Steve O’Donnell said on Friday. “He will not be allowed to race nor participate in any NASCAR activities until further notice.
“Kurt Busch and his Stewart-Haas Racing team are fully aware of our position and why this decision was made. We will continue to respect the process and timetable of the authorities involved.”
NASCAR added that the decision has been made “following the release today of a supplemental disposition setting forth the findings and conclusions that formed the basis for the Family Court of the State of Delaware’s decision on Monday to issue an Order of Protection from Abuse against him”.
Stewart-Haas Racing announced late Friday night that Regan Smith will drive the No. 41 HAAS Automation Chevrolet for the Daytona 500. SHR added in their announcement, “An interim driver for the No. 41 team at next weekend’s Sprint Cup race at Atlanta Motor Speedway and subsequent races has not been determined.”