4.1: Reconsideration
[Provide] a process by which any person or entity materially affected by an action of ICANN may request review or reconsideration
of that action by the Board.
Other Information:
Section 2. RECONSIDERATION ICANN shall have in place a process by which any person or entity materially affected by an action
of ICANN may request review or reconsideration of that action by the Board.
Stakeholder(s):
- ICANN Board Governance Committee: 3. The Board has designated the Board Governance Committee to review and consider any such Reconsideration Requests.
- Reconsiderer (Performer): The Board Governance Committee shall have the authority to: a. evaluate requests for review or reconsideration; b. summarily
dismiss insufficient requests; c. evaluate requests for urgent consideration; d. conduct whatever factual investigation is
deemed appropriate; e. request additional written submissions from the affected party, or from other parties; f. make a final
determination on Reconsideration Requests regarding staff action or inaction, without reference to the Board of Directors;
and g. make a recommendation to the Board of Directors on the merits of the request, as necessary.
- Reconsideration Authority (Performer): 8. The Board Governance Committee shall have authority to consider Reconsideration Requests from different parties in the
same proceeding so long as: (i) the requests involve the same general action or inaction; and (ii) the parties submitting
Reconsideration Requests are similarly affected by such action or inaction. In addition, consolidated filings may be appropriate
if the alleged causal connection and the resulting harm is the same for all of the requestors. Every requestor must be able
to demonstrate that it has been materially harmed and adversely impacted by the action or inaction giving rise to the request.
- Reconsideration Reviewer (Performer): 9. The Board Governance Committee shall review each Reconsideration Request upon its receipt to determine if it is sufficiently
stated. The Board Governance Committee may summarily dismiss a Reconsideration Request if: (i) the requestor fails to meet
the requirements for bringing a Reconsideration Request; (ii) it is frivolous, querulous or vexatious; or (iii) the requestor
had notice and opportunity to, but did not, participate in the public comment period relating to the contested action, if
applicable. The Board Governance Committee's summary dismissal of a Reconsideration Request shall be posted on the Website.
- Prompt Reviewer (Performer): 10. For all Reconsideration Requests that are not summarily dismissed, the Board Governance Committee shall promptly proceed
to review and consideration.
- Staff Views Requestor (Performer, Beneficiary): 11. The Board Governance Committee may ask the ICANN staff for its views on the matter, which comments shall be made publicly
available on the Website.
- Additional Requestor Information Requestor (Performer, Beneficiary): 12. The Board Governance Committee may request additional information or clarifications from the requestor, and may elect
to conduct a meeting with the requestor by telephone, email or, if acceptable to the party requesting reconsideration, in
person. A requestor may ask for an opportunity to be heard; the Board Governance Committee's decision on any such request
is final. To the extent any information gathered in such a meeting is relevant to any recommendation by the Board Governance
Committee, it shall so state in its recommendation.
- Third Party Information Requestor (Performer, Beneficiary): 13. The Board Governance Committee may also request information relevant to the request from third parties. To the extent
any information gathered is relevant to any recommendation by the Board Governance Committee, it shall so state in its recommendation.
Any information collected from third parties shall be provided to the requestor.
- Reconsideration Request Actor (Performer): 14. The Board Governance Committee shall act on a Reconsideration Request on the basis of the public written record, including
information submitted by the party seeking reconsideration or review, by the ICANN staff, and by any third party.
- Final Determiner (Performer): 15. For all Reconsideration Requests brought regarding staff action or inaction, the Board Governance Committee shall be delegated
the authority by the Board of Directors to make a final determination and recommendation on the matter. Board consideration
of the recommendation is not required. As the Board Governance Committee deems necessary, it may make recommendation to the
Board for consideration and action. The Board Governance Committee's determination on staff action or inaction shall be posted
on the Website. The Board Governance Committee's determination is final and establishes precedential value.
- Timely Determiner (Performer): 16. The Board Governance Committee shall make a final determination or a recommendation to the Board with respect to a Reconsideration
Request within thirty days following its receipt of the request, unless impractical, in which case it shall report to the
Board the circumstances that prevented it from making a final recommendation and its best estimate of the time required to
produce such a final determination or recommendation. The final recommendation shall be posted on ICANN's website.
- Urgent Request Responder (Performer): 19. The Board Governance Committee shall respond to the request for urgent consideration within two business days after receipt
of such request. If the Board Governance Committee agrees to consider the matter with urgency, it will cause notice to be
provided to the requestor, who will have two business days after notification to complete the Reconsideration Request. The
Board Governance Committee shall issue a recommendation on the urgent Reconsideration Request within seven days of the completion
of the filing of the Request, or as soon thereafter as feasible. If the Board Governance Committee does not agree to consider
the matter with urgency, the requestor may still file a Reconsideration Request within the regular time frame set forth within
these Bylaws.
- Report Submitter (Performer): 20. The Board Governance Committee shall submit a report to the Board on an annual basis containing at least the following
information for the preceding calendar year: a. the number and general nature of Reconsideration Requests received, including
an identification if the requests were acted upon, summarily dismissed, or remain pending; b. for any Reconsideration Requests
that remained pending at the end of the calendar year, the average length of time for which such Reconsideration Requests
have been pending, and a description of the reasons for any request pending for more than ninety (90) days; c. an explanation
of any other mechanisms available to ensure that ICANN is accountable to persons materially affected by its decisions; and
d. whether or not, in the Board Governance Committee's view, the criteria for which reconsideration may be requested should
be revised, or another process should be adopted or modified, to ensure that all persons materially affected by ICANN decisions
have meaningful access to a review process that ensures fairness while limiting frivolous claims.
- ICANN
- Absorber of Administrative Costs: 4. ICANN shall absorb the normal administrative costs of the reconsideration process. It reserves the right to recover from
a party requesting review or reconsideration any costs that are deemed to be extraordinary in nature. When such extraordinary
costs can be foreseen, that fact and the reasons why such costs are necessary and appropriate to evaluating the Reconsideration
Request shall be communicated to the party seeking reconsideration, who shall then have the option of withdrawing the request
or agreeing to bear such costs.
- Any Person or Entity
- Reconsideration Requestor (Performer, Beneficiary): Any person or entity may submit a request for reconsideration or review of an ICANN action or inaction ("Reconsideration Request")
to the extent that he, she, or it have been adversely affected by: one or more staff actions or inactions that contradict
established ICANN policy(ies); or one or more actions or inactions of the ICANN Board that have been taken or refused to be
taken without consideration of material information, except where the party submitting the request could have submitted, but
did not submit, the information for the Board's consideration at the time of action or refusal to act; or one or more actions
or inactions of the ICANN Board that are taken as a result of the Board's reliance on false or inaccurate material information.
- Timely Submitter (Performer): 5. All Reconsideration Requests must be submitted to an e-mail address designated by the Board Governance Committee within
fifteen days after: a. for requests challenging Board actions, the date on which information about the challenged Board action
is first published in a resolution, unless the posting of the resolution is not accompanied by a rationale. In that instance,
the request must be submitted within 15 days from the initial posting of the rationale; or b. for requests challenging staff
actions, the date on which the party submitting the request became aware of, or reasonably should have become aware of, the
challenged staff action; or c. for requests challenging either Board or staff inaction, the date on which the affected person
reasonably concluded, or reasonably should have concluded, that action would not be taken in a timely manner.
- Compliance with Procedures (Performer): 6. To properly initiate a Reconsideration process, all requestors must review and follow the Reconsideration Request form
posted on the ICANN website. at http://www.icann.org/en/groups/board/governance/reconsideration. Requestors must also acknowledge
and agree to the terms and conditions set forth in the form when filing.
- Compliance with Page Limitation (Performer): 7. Requestors shall not provide more than 25 pages (double-spaced, 12-point font) of argument in support of a Reconsideration
Request. Requestors may submit all documentary evidence necessary to demonstrate why the action or inaction should be reconsidered,
without limitation.
- Urgency Requestor (Performer, Beneficiary): If the requestor believes that the Board action or inaction posed for Reconsideration is so urgent that the timing requirements
of the 18. Reconsideration process are too long, the requestor may apply to the Board Governance Committee for urgent consideration.
Any request for urgent consideration must be made within two business days (calculated at ICANN's headquarters in Los Angeles,
California) of the posting of the resolution at issue. A request for urgent consideration must include a discussion of why
the matter is urgent for reconsideration and must demonstrate a likelihood of success with the Reconsideration Request.
- ICANN Board
- Final Decision-Maker (Beneficiary): 17. The Board shall not be bound to follow the recommendations of the Board Governance Committee. The final decision of the
Board shall be made public as part of the preliminary report and minutes of the Board meeting at which action is taken. The
Board shall issue its decision on the recommendation of the Board Governance Committee within 60 days of receipt of the Reconsideration
Request or as soon thereafter as feasible. Any circumstances that delay the Board from acting within this timeframe must be
identified and posted on ICANN's website. The Board's decision on the recommendation is final.
Indicator(s):
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