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How NASCAR Got Appeals Panel to Change Kaulig Racing Penalty Ruling

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How NASCAR Got Appeals Panel to Change a DecisionIcon Sportswire - Getty Images
  • NASCAR issued a request to the Final Appeals officer Tuesday for probably the first time in its 75-year history.

  • The sanctioning body asked that in fairness he adjust Kaulig Racing’s penalty for unapproved hood louvers to the same as the one the National Motorsports Appeals Panel gave Hendrick Motorsports less than a month ago.

  • The difference in the two different appeals panels rulings for the same offense left the motorsports community bewildered.


NASCAR issued a request to the Final Appeals officer Tuesday for probably the first time in its 75-year history, asking that in fairness he adjust Kaulig Racing’s penalty for unapproved hood louvers to the same as the one the National Motorsports Appeals Panel gave Hendrick Motorsports less than a month ago.

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Final Appeals Officer Bill Mullis honored NASCAR’s request, reinstating the 100 owner and driver points, and 10 playoff points to the No. 31 in the owner standings and to driver Justin Haley. However, the $100,000 fine and four-race suspension assessed crew chief Trent Ownes was kept.

In a prepared statement, Mullis noted that in NASCAR’s opening remarks Tuesday, the sanctioning body believed the violations occurred, the penalties were appropriate, and the three-person appeals panel ruled correctly.

“But, because the Kaulig infraction closely mirrored that of Hendrick Motorsports (modified louver at Phoenix Raceway), NASCAR requested I rule in the same manner as the three-person appeals panel following the Hendrick Motorsports appeal on March 29,” Mullis said in his statement. “The information I heard in the room this morning created an overwhelming and unique circumstance. In fairness to the team and sanctioning body, as NASCAR documented in its remarks, this request is fully in the interest of fairness and consistency, and I agree.”

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Justin Haley got his 100 points back after Tuesday’s ruling.Chris Graythen - Getty Images

In a brief statement Kaulig Racing said it was “pleased with the ruling.”

After taking hood louvers from Hendrick Motorsports and Kaulig Racing at Phoenix Raceway last month, NASCAR assessed penalties against all four Hendrick teams and Kaulig’s No. 31 organization for violating the rule stating that a single-source vendor part could not be altered. Each team and driver were assessed a 100-point loss and had 10 playoff points taken from them. Each crew chief was suspended for four races and fined $100,000.

Both teams appealed the penalties. The three-person National Motorsports Appeals Panel that heard Hendrick Motorsports rescinded the point loss but kept the fine and four-race suspension. That panel that heard the Hendrick appeal was comprised of Kelly Housby, Dixon Johnston, and Bill Lester. A week later, a different three-person National Motorsports Appeals Panel comprised of Hunter Nickell, Shawna Robinson and Steve York left Kaulig with a 75-championship point penalty, 10-playoff penalty deduction, suspension and fine.

The difference in the two different appeals panels rulings for the same offense left the motorsports community bewildered, especially since no one knew why the three-person panels reached their respective decisions.

The reason for the two different rulings remains unknown.

NASCAR immediately rewrote sections of its rule book to limit the three-person appeals panel’s authority and to allow it to make public the basis for its ruling.

“NASCAR believes that the updates made to the Rule Book will address similar issues in the future and keep its promise to the owners for strict penalties when single-source parts are modified,” NASCAR’s statement read.

The Official Statement

(April 18, 2023)

The Final Appeals Officer today heard and considered an appeal of an L2 penalty issued on March 15, 2023 to team owner Matt Kaulig, driver Justin Haley and crew chief Trent Owens in the NASCAR Cup Series.

The penalty concerns the following sections of the 2023 NASCAR Rule Book: Section 10.5.1.A Guiding Principles Relative to Penalites; 14.1.C,D&Q Overall Assembled Vehicle Rules; 14.5.4.2.A Radiator Duct. The original penalties issued were the loss of 100 championship owner points and 10 Playoff points to the No. 31; the loss of 100 championship driver points and 10 Playoff points to Haley; and a $100,000 fine and four-race suspension to Owens.

Statement from Final Appeals Officer Bill Mullis: “In the interest of fairness, NASCAR has requested that I remove the driver/owner race and playoff points from the penalty to Kaulig Racing. I have agreed to this request, per the Rule Book. During its opening remarks, NASCAR stated it believes that the violations did occur, the penalties were appropriate and the three-person appeals panel ruled correctly. But, because the Kaulig infraction closely mirrored that of Hendrick Motorsports (modified louver at Phoenix Raceway), NASCAR requested I rule in the same manner as the three-person appeals panel following the Hendrick Motorsports appeal on March 29. The information I heard in the room this morning created an overwhelming and unique circumstance. In fairness to the team and sanctioning body, as NASCAR documented in its remarks, this request is fully in the interest of fairness and consistency, and I agree.”

Upon hearing the testimony, the decisions of the Final Appeals Officer are:

1. That the Appellant violated the Rule(s) set forth in the Penalty Notice.

2. That the FAO amends the original Penalty assessed by NASCAR to read:

i. $100,000 fine and 4 race suspension for Trent Owens

ii. No loss of NASCAR Cup Series Championship Team Owner and Driver points or Playoff points

The decision of the Final Appeals Officer is final and binding on all parties.