DAYTONA BEACH, Florida – NASCAR driver Kurt Busch’s attempt to overturn his indefinite suspension to Final Appeals Officer, Bryan Moss was denied Saturday night.
“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,” Busch attorney Rusty Hardin said in a statement late Saturday night.
“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.”
NASCAR in a statement said upon hearing tonight’s testimony, Bryan Moss, the National Motorsports Final Appeals Officer, made the following decisions:
• The appellant violated the Rules set forth in the penalty notice and the decision of the National Motorsports Appeals Panel was correct;
• The penalty was within the scope of the guidelines;
• The National Motorsports Final Appeals Officer upholds the original penalty levied by NASCAR
Representing NASCAR was Jim Cassidy, Senior Vice President of Racing Operations.
The Appellate Administrator is NASCAR Vice President George Silbermann.
Busch, driver of the No. 41 Stewart Haas Racing Chevrolet appealed to Moss after his suspension was upheld by the National Motorsports Appeals Panel Saturday afternoon at the International Motorsports Complex in Daytona Beach, Florida.
The panel, consisting of former motorsports executive Paul Brooks, former IndyCar driver Lyn St. James and Greenville (S.C.) Speedway track operator and dealership owner Kevin Whitaker.
Their decision to stand by NASCAR’s decision fell under the following provisions of the NASCAR rule book:
• Section 12.1.a: Actions detrimental to stock car racing, and
• Section 12.8 Behavioral Penalty.
Stewart Haas Racing (SHR) introduced Regan Smith as the replacement driver for Busch for Sunday’s 57th annual Daytona 500 Saturday morning. The team also announced that Smith would likely drive the car regardless of the appeal decisions.
SHR has not made any decisions on an interim driver beginning with next Sunday’s event at Atlanta (Ga.) Motor Speedway, should Busch continue to be suspended.
Smith will have to drop to the rear of the field for the driver change. Busch originally was slated to start 24th.
NASCAR’s statement also said Busch now has exhausted his appeal options under the NASCAR Rulebook, and the indefinite suspension remains in effect.
He will not be allowed to race nor participate in any NASCAR activities until further notice.
Multiple sources indicate that NASCAR “will set forth clear guidelines for his return.”
Busch’s final recourse to combat the appeals, should he choose too, could be through the traditional United States legal system.
Follow Chris Knight on Twitter @Knighter01.
