## VIII. THE CODE 

b) Rules.  The ATP CEO or his designee must conduct the hearing in a fair and orderly manner with opportunity for each side to present its evidence as to the facts involved, and the player and his representative, if any, and the Senior Vice President - Rules & Competition are bound to cooperate fully to this end. 

c) Statement of Position . The ATP CEO or his designee may request the Se - nior Vice President - Rules & Competition and the player to state in writing their respective positions on the facts, the provision(s) of the Code allegedly violated and the penalty specified and file the same with the ATP CEO or his designee at least three (3) days prior to the hearing, with a copy to each other. 

d) Presentation . The Senior Vice President - Rules & Competition and the player may present evidence personally or through counsel. Each party shall have the right to present and to cross-examine witnesses, and to offer docu - mentary evidence and testimony by affidavit or deposition. Except for purpos es of rebuttal, documentary evidence and affidavits shall not be admissible unless a copy is submitted at least three (3) days prior to the hearing to the ATP CEO or his designee and to the other party. Should objection be made to the introduction of an affidavit, the ATP CEO or his designee may determine in his discretion that the interests of fairness require that the individual be produced to testify at the hearing, or alternatively, that such affidavit be ex - cluded. In the case of the former, a reasonable continuance may be granted for production of such witness. 

e) Hearing.  The hearing shall be closed to the public. Once commenced, the hearing shall continue from day to day until concluded, unless the ATP CEO or his designee allows otherwise. Postponements, adjournments or any form of delay shall be permitted only in the case of documented emergency and at the sole discretion of the ATP CEO or his designee. Requests for postpone - ment shall be submitted in writing to the ATP CEO or his designee. 

f) Record.  Each party shall have the right to have the hearing recorded or tran - scribed at its expense. 

g) Interpreter-Legal Advisor.  The ATP CEO or his designee may, at his discre - tion, make provisions for the presence of an interpreter and/or legal advisor for the hearing. The reasonable expenses of such interpreter or legal advisor shall be assumed by ATP pending the final decision of the ATP CEO or his designee and the taxing of costs as is provided in the decision on appeal. 

## 5) Decision on Appeal 

As soon as practicable after the conclusion of the hearing on appeal, the ATP CEO or his designee shall render a written decision, which decision shall consti - tute the full, final and complete disposition of the issue and will be binding upon the player and upon all members of ATP. The ATP CEO or his designee may vacate, affirm or modify in whole or in part the penalty, but may not increase it. Notwithstanding the foregoing, the ATP CEO or his designee may tax the losing party, whether ATP or the player, all reasonable costs of the Appeal, including, but not limited to, the expenses and charges of the interpreter, legal advisor and any adverse witness required upon objection to testify concerning facts originally presented by way of affidavit. If the costs are taxed against a player, then they must be paid by the player to ATP by delivery to the Senior Vice President - Rules & Competition within (10) days after receipt of the decision of the ATP CEO or his designee. 

## VIII. THE CODE 

## C.Suspensions and Collection of Fines 

## 1) Suspension - Weeks/Scope 

Whenever any suspension is involved as a penalty for a violation of the Code, only weeks with ATP Tour or ATP Challenger Tour tournaments shall be included in the suspension period. 

## 2) Stay of Suspensions Pending Appeal 

Whenever a player is suspended by ATP and an appeal either of right or discre - tionary review is filed, then the suspension shall be stayed pending the resolution of the appeal. 

## 3) Suspension for Non-Payment of Fines 

If a fine is not paid in a timely fashion, ATP may suspend, pending payment, the party fined from further participation in any ATP Tour and ATP Challenger Tour tournament. In addition, ATP is authorized to collect all overdue fines along with costs, if any, by all reasonable means, including deduction of the fine from any subsequent winnings, or through legal proceedings. When a fine is deducted from prize money being paid in non-U.S. currency, the official ATP exchange rate shall be applicable to the payment of the fine, to the extent deducted. 

## 8.06 Tennis Anti-Corruption Program (“TACP”) 

Complete rules of the TACP can be found at http://www.itia.tennis/education . 

## 8.07 Final Dispute Resolution 

A .Any dispute between or among ATP, its Tournaments or its players (with the excep - tion of any dispute relating to or arising out of a change in tournament class mem bership status) arising out of the application of any provision of this Rulebook which is not finally resolved by applicable provisions of the Rulebook shall be submitted exclusively to the Court of Arbitration for Sport (“CAS”) for final and binding arbitration in accordance with CAS’s Code of Sports-Related Arbitration. The decision of CAS in that arbitration shall be final, non-reviewable, non-appealable and enforceable. No claim, arbitration, lawsuit or litigation concerning the dispute shall be brought in any other court or tribunal. Any request for CAS arbitration shall be filed with CAS within 21 days of any action by ATP which is the subject of the dispute. 

B .In the event any provision of this rule is determined invalid or unenforceable, the remaining provisions shall not be affected. This rule shall not fail because any part of the rule is held invalid. 

