
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 36USC220528]

 
     TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                              ORGANIZATIONS
 
            Subtitle II--Patriotic and National Organizations
 
                          Part B--Organizations
 
              CHAPTER 2205--UNITED STATES OLYMPIC COMMITTEE
 
                SUBCHAPTER II--NATIONAL GOVERNING BODIES
 
Sec. 220528. Applications to replace an incumbent national 
        governing body
        
    (a) General.--An amateur sports organization may seek to replace an 
incumbent as the national governing body for a particular sport by 
filing a written application for recognition with the corporation.
    (b) Establishment of Procedures.--The corporation shall establish 
procedures for the filing and disposition of applications under this 
section. If 2 or more organizations file applications for the same 
sport, the applications shall be considered in a single proceeding.
    (c) Filing Procedures.--(1) An application under this section must 
be filed within one year after the final day of--
        (A) any Olympic Games, for a sport in which competition is held 
    in the Olympic Games or the Paralympic Games, or in both the Olympic 
    and Pan-American Games; or
        (B) any Pan-American Games, for a sport in which competition is 
    held in the Pan-American Games but not in the Olympic Games.

    (2) The application shall be filed with the corporation by certified 
mail, and a copy of the application shall be served on the national 
governing body and with any other organization that has filed an 
application. The corporation shall inform the applicant that its 
application has been received.
    (d) Hearings.--Within 180 days after receipt of an application filed 
under this section, the corporation shall conduct a formal hearing open 
to the public to determine the merits of the application. The 
corporation shall publish notice of the time and place of the hearing in 
a regular issue of its principal publication at least 30 days, but not 
more than 60 days, before the date of the hearing. The corporation also 
shall send written notice, including a copy of the application, at least 
30 days prior to the date of the hearing to all amateur sports 
organizations known to the corporation in that sport. In the hearing, 
the applicant and the national governing body shall be given a 
reasonable opportunity to present evidence supporting their positions.
    (e) Standards for Granting Applications.--In the hearing, the 
applicant must establish by a preponderance of the evidence that--
        (1) it meets the criteria for recognition as a national 
    governing body under section 220522 of this title; and
        (2)(A) the national governing body does not meet the criteria of 
    section 220522, 220524, or 220525 of this title; or
        (B) the applicant more adequately meets the criteria of section 
    220522 of this title, is capable of more adequately meeting the 
    criteria of sections 220524 and 220525 of this title, and provides 
    or is capable of providing a more effective national program of 
    competition than the national governing body in the sport for which 
    it seeks recognition.

    (f) Disposition of Applications.--Within 30 days after the close of 
the hearing required by this section, the corporation shall--
        (1) uphold the right of the national governing body to continue 
    as the national governing body for its sport;
        (2) revoke the recognition of the national governing body and 
    declare a vacancy in the national governing body for that sport;
        (3) revoke the recognition of the national governing body and 
    recognize the applicant as the national governing body; or
        (4) place the national governing body on probation for a period 
    not exceeding 180 days, pending the compliance of the national 
    governing body, if the national governing body would have retained 
    recognition except for a minor deficiency in one of the requirements 
    of section 220522, 220524, or 220525 of this title and notify such 
    national governing body of such probation and of the actions needed 
    to comply with such requirements.

    (g) Revocation of Recognition After Probation.--If the national 
governing body does not comply with sections 220522, 220524, and 220525 
of this title within the probationary period prescribed under subsection 
(f)(4) of this section, the corporation shall revoke the recognition of 
the national governing body and either--
        (1) recognize the applicant as the national governing body; or
        (2) declare a vacancy in the national governing body for that 
    sport.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1476; Pub. L. 105-277, div. 
C, title I, Sec. 142(p), 112 Stat. 2681-609.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
220528(a).............................  36:395(b)(1) (1st sentence).     Sept. 
21, 1950, ch. 975, title II, Sec.
                                                                           205(
b)(1)-(4), as added Nov. 8, 1978,
                                                                          Pub. 
L. 95-606, Sec.  2, 92 Stat.
                                                                          3056.
220528(b).............................  36:395(b)(1) (last sentence),
                                         (2) (2d sentence).
220528(c)(1)..........................  36:395(b)(1) (2d sentence).
220528(c)(2)..........................  36:395(b)(2) (1st, 3d, last
                                         sentences).
220528(d).............................  36:395(b)(3) (1st-3d
                                         sentences).
220528(e).............................  36:395(b)(3) (last sentence).
220528(f).............................  36:395(b)(4) (1st sentence).
220528(g).............................  36:395(b)(4) (last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (c)(2), the word ``also'' is omitted as unnecessary.
    In subsection (d), the words ``course of such'' and ``respective'' 
are omitted as unnecessary.
    In subsection (e), before clause (1), the words ``amateur sports 
organization'' are omitted as unnecessary. In clause (2)(B), the words 
``the applicant'' are substituted for ``it'' for clarity.
    In subsection (f), before clause (1), the word ``after'' is 
substituted for ``of'' for consistency in the revised title. In clause 
(4), the words ``decide to'' are omitted as unnecessary. The words ``for 
a period not exceeding'' are substituted for ``of not to exceed'' for 
clarity.
    In subsection (g), before clause (1), the words ``with sections 
220522, 220524, and 220525 of this title'' are added, and the words 
``probationary period prescribed under subsection (f)(4) of this 
section'' are substituted for ``prescribed time period'', for clarity.


                               Amendments

    1998--Subsec. (c)(1)(A). Pub. L. 105-277, Sec. 142(p)(1), 
substituted ``Olympic Games or the Paralympic Games, or in both'' for 
``Olympic Games or both''.
    Subsec. (c)(2). Pub. L. 105-277, Sec. 142(p)(2), (3), substituted 
``certified'' for ``registered'' and substituted ``body and with any 
other organization that has filed an application.'' for ``body.''
    Subsec. (d). Pub. L. 105-277, Sec. 142(p)(4), (5), inserted ``open 
to the public'' after ``formal hearing'' and inserted after second 
sentence ``The corporation also shall send written notice, including a 
copy of the application, at least 30 days prior to the date of the 
hearing to all amateur sports organizations known to the corporation in 
that sport.''
    Subsec. (f)(4). Pub. L. 105-277, Sec. 142(p)(6), substituted ``title 
and notify such national governing body of such probation and of the 
actions needed to comply with such requirements.'' for ``title.''

                  Section Referred to in Other Sections

    This section is referred to in section 220529 of this title.
