## VIII. THE CODE 

notice to the player. The Supervisor may limit the fines levied during qualifying competition as follows: 

a) ATP Tour Tournament Qualifying Competition. A maximum of $500 for each violation. 

b) ATP Challenger Tour Tournament Qualifying Competition. A maximum of $100 for each violation. 

2) The Senior Vice President - Rules & Competition shall have the authority to in - vestigate statements or actions made by a player that are not heard or seen by on-court officials by reviewing tapes of televised matches. After reviewing all facts and circumstances, the Senior Vice President - Rules & Competition may determine that a violation of the Code has occurred and shall specify the fine and/ or other punishment. The player shall be given written notice of the violation and fine. The player shall have the right to appeal such determination to the ATP CEO, consistent with the procedures outlined in the Code. 

## O. Payment of Fines 

Fines levied by the Supervisor for player on-site offenses shall be paid in accordance with the following: 

1) ATP Tour and ATP Challenger Tour Tournaments.  Each tournament shall de - duct fines from the player’s winnings, if any, and promptly pay the fine to ATP. In the event that the player’s winnings are insufficient to pay the fine, the player shall pay the balance within twenty (20) days after the tournament to ATP. 

## P. Procedures for Appeal 

1) Except for appeals of violations of the Stars Program, any player in violation of a player on-site offense may, after paying all fines, appeal to the Senior Vice Pres - ident - Rules & Competition for review of a determination of guilt and the penalty assessed. 

2) Any player found to have committed a player on-site offense may appeal such de - cision in writing to the Senior Vice President - Rules & Competition. Such appeal shall be lodged within ten (10) days of the on-site offense. The Senior Vice Pres - ident - Rules & Competition shall review the Appeal within twenty-one (21) days and, if necessary, designate a date, time and place for a hearing. At the hearing, the player shall present to the Senior Vice President - Rules & Competition his re - spective positions on the facts. The Senior Vice President - Rules & Competition may affirm, reverse or modify the penalty initially imposed by the Supervisor. 

## Q.Appeal of Violations of STARS Program 

1) All appeals concerning the ATP STARS Program shall be governed by the proce - dures in this section. 

2) A player can file a written appeal with the Senior Vice President - Rules & Com - petition within ten (10) days after the player’s receipt of notification of a violation of the Stars Program. As a condition to filing an appeal, the player must pay the fine prescribed in the Program for the violation. 

3) Upon receipt of a timely written appeal, the Senior Vice President - Rules & Com - petition, or his designee, shall appoint a committee to hear and decide the appeal, and also shall appoint one of the committee members to act as the committee’s 

## VIII. THE CODE 

chairman. ATP may provide reasonable compensation and reimbursement of ex - penses to committee members. 

4) The committee shall convene a hearing to hear the appeal and shall render its written decision on the case as soon as practicable following the conclusion of the hearing. The decision shall be by majority of the committee members. 

5) The procedure prior to and at the hearing shall be at the discretion of the com - mittee chairman, including but not limited to the decision to conduct the hearing by telephone conference or in person. In establishing such procedures, the chair - man shall take into account the amount of the fine involved and any other relevant considerations. 

6) The committee shall not be bound by judicial rules governing the procedure or the admissibility of evidence, provided that the hearing is conducted in a fair manner with a reasonable opportunity for each party to submit evidence, address the committee and present his or its case. 

7) In all appeals, ATP will appear and defend the finding of a violation, and shall have the burden of proving, by a preponderance of the evidence, that there has been a violation of the STARS Program. 

8) The committee’s decision shall be the full, final and complete disposition of the appeal and will be binding on all parties. 

9) If the player’s appeal is upheld, the Senior Vice President - Rules & Competition shall refund to the player the fine paid by the player in connection with this appeal. 

## R.Notice and Service 

1) Any written communication to be sent to the ATP CEO or Senior Vice President - Rules & Competition should be addressed as follows, unless notice of change is subsequently published. 

ATP CEO Palliser House Palliser Road London W149EB Telephone: +44 207 381 7890 Facsimile: +44 207 381 7895 

2) Service.  Service to a player of any notice or other document shall be deemed completed if mailed to the player at his home address or other address designat - ed by the player. 

## 8.05 Player Major Offenses/Procedures 

## A.Offenses 

## 1) Aggravated Behavior 

a) No player, their coaches, Physiotherapist, therapist, physician, management representative, agent, family member, tournament guest, business associate or other affiliate or associate of any player (“Related Persons”), or any other person who receives accreditation at an Event at the request of the player or any other Related Person, at any ATP Tour or ATP Challenger Tour tourna - ment shall engage in aggravated behavior which is defined as follows: 

i) One or more incidents of behavior designated in this Code as constituting aggravated behavior. 

OR 

SVP - Rules & Competition ATP Americas 201 ATP Blvd Ponte Vedra Beach, FL 32082, USA Telephone: +1 904 285 8000 Facsimile: +1 904 779 3300 

