Theatrical Motion Pictures - Producers Guild Awards

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Number of Producers Marks Per Theatrical Motion Picture . ..... determination will apply to the producer's eligibility for that motion picture's producing awards, as.
Rules and Procedures for Producers Mark Eligibility Theatrical Motion Pictures

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TABLE OF CONTENTS PREFACE ............................................................................................................................................................................................... 3

RULES AND PROCEDURES FOR PRODUCERS MARK ELIGIBILITY A. GROUNDS FOR ELIGIBILITY DETERMINATION

1. Eligibility of Producers ............................................................................................................................................... 4 2. Eligibility of Theatrical Motion Picture ............................................................................................................... 4 3. Number of Producers Marks Per Theatrical Motion Picture ...................................................................... 4

B. STANDARDS FOR ELIGIBILITY

1. Produced By Job Description ................................................................................................................................... 5 2. Functional Definition .................................................................................................................................................. 5 3. Performance of Non-Producing Role.................................................................................................................... 6

C. PROCEDURES FOR DETERMINING ELIGIBILITY TO USE THE PRODUCERS MARK

1. Notice of Producing Credits...................................................................................................................................... 7

2. Individual Producer Eligibility Form .................................................................................................................... 7 3. Verification of Producer Credits Form................................................................................................................. 7

4. Initiation and Scheduling of the Eligibility Determination.......................................................................... 7

5. Available Arbiters List ................................................................................................................................................ 8

6. Selection of an Eligibility Determination Panel ............................................................................................... 8

7. Timeliness Is of the Essence..................................................................................................................................... 8

D. PROCEDURES APPLICABLE TO THE ELIGIBILITY DETERMINATION PANEL

1. Confidential Review of Information and Documentation By the Eligibility

Determination Panel .................................................................................................................................................. 8

2. Panel Adjudicatory Procedures .............................................................................................................................. 9

3. The Panel’s Decision .................................................................................................................................................... 10 4. Display of Producers Mark by the Production Company ............................................................................. 10 5. Confidentiality................................................................................................................................................................ 10

E. REVIEW OF THE ELIGIBILITY DETERMINATION BY AN APPELLATE PANEL

1. Request for Appeal ....................................................................................................................................................... 10

2. Grounds for Appeal ...................................................................................................................................................... 10 3. Appellate Panel .............................................................................................................................................................. 10 4. Procedure......................................................................................................................................................................... 11

5. Final Decision ................................................................................................................................................................. 11

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PREFACE These rules provide an overview of the standards and procedures applied by the Producers Guild of America (“PGA”) in determining eligibility for use of the Producers Mark “p.g.a.” next to a producer’s name in the credits of, and advertisements and promotional materials for, a theatrical motion picture. Use of the Producers Mark, which is owned and licensed exclusively by the PGA, is granted solely based upon individual merit on a projectto-project basis. It identifies those producers determined by the PGA to have performed a major portion of the producing work on a particular motion picture, based on an impartial review of their contributions by the PGA or a panel of experienced motion picture producers. Information is carefully gathered from the participants in the production, including the producers themselves and the key creative personnel involved in making the film, to ensure that each producer’s work can be fairly assessed. Once a determination of eligibility for use of the Producers Mark is made, that determination will also apply to eligibility for that motion picture’s producing honors and awards, as conferred by the PGA, the Academy of Motion Picture Arts and Sciences, the Golden Globes, and the British Academy of Film and Television Arts.

The producer's role is unique within the entertainment industry, by virtue of both its breadth and flexibility. It is, by its nature, a collaborative role, a fact that sometimes engenders difficulty in assigning credit for the work performed. The PGA has spent years researching customs and practices in the industry and has surveyed thousands of producers in an attempt to offer a comprehensive definition of the unique and extensive responsibilities of a producer. In Section B of these rules, the reader will find the job description for the primary producing credits in theatrical motion pictures, “Produced By” and “Producer.” While no single producer is expected to undertake every one of these functions on a given production, eligibility for use of the Producers Mark is predicated upon an individual’s performance of a major portion of producing functions in a decisionmaking capacity throughout the production. Membership in the PGA is irrelevant to the determination of eligibility to use the Producers Mark.

IMPORTANT NOTE: The producing functions identified in these rules and on the accompanying forms are NOT organized as a "checklist" to be used in pursuit of the Producers Mark. To be eligible for the Producers Mark, the producer must always place what is best for the production above all other considerations. For example, efforts by those seeking Producers Mark usage to insert themselves into meetings or work environments where they are unwelcome or unproductive, solely to fulfill some perceived criteria for eligibility, will not only impede the process of filmmaking, but also will negatively impact the industry as a whole. Such detrimental conduct may be grounds for denial of usage of the Producers Mark. Further, the Producers Mark will not be available to anyone who uses coercive or deceptive practices to convey the impression that the PGA’s standards for eligibility have been met. The PGA expressly reserves the right to interpret and apply its standards in the manner that it alone deems appropriate. However, a determination of the Producers Mark will not be used for any disciplinary action whatsoever. The PGA is grateful for the support and cooperation of the producers and other professionals involved in the development and implementation of these Rules and Procedures. Thank you for supporting fair eligibility standards and upholding the integrity of the producer credit by participating in this process.

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RULES AND PROCEDURES FOR PRODUCERS MARK ELIGIBILITY THEATRICAL MOTION PICTURES

A. GROUNDS FOR ELIGIBILITY DETERMINATION 1.

2.

Eligibility of Producers. An individual shall be deemed eligible to use the Producers Mark (“p.g.a.”) if he or she has been contractually credited and credited onscreen as "Produced By" or "Producer" (hereinafter collectively referred to as “Produced By”) for a theatrical motion picture and has performed a major portion of the film’s producing functions. Membership in the PGA, a non-profit organization, is not required for -- and is irrelevant to the determination of -- eligibility to use the Producers Mark. Once a determination of eligibility for use of the Producers Mark is made, that determination will apply to the producer’s eligibility for that motion picture’s producing awards, as conferred by the PGA, the Academy of Motion Picture Arts & Sciences, the Golden Globes and the British Academy of Film and Television Arts.

Eligibility of Theatrical Motion Picture. The PGA shall license the use of the Producers Mark only in feature-length motion pictures intended for exploitation in the United States of America, for which the copyright owner, primary financier, studio, or other person or business entity authorized to designate the producing credits that appear onscreen in the motion picture’s theatrical release within the United States (“Production Company”) has an established place of business within the United States. Foreign productions must have a United States distributor. a.

3.

The following additional requirements apply if a majority of the motion picture’s dialogue track is not in English:

i. Accurate English subtitles are required; ii. The production must have executed contract(s) for distribution of the motion picture within the United States; and iii. The motion picture production must provide at least one (1) third party verification form (“Verification of Producer Credits” form) from selected department heads representing each phase of production, not from producers vying for eligibility. All Verification of Producer Credits forms must be submitted in the English language.

Number of Producers Marks Per Theatrical Motion Picture. There is no numerical limitation on the number of producers on a motion picture who can use the Producers Mark. Each producer who otherwise meets the criteria set forth in these rules may be licensed by the PGA to use the Producers Mark, provided that he or she also has performed a major portion of the producing functions on the motion picture. a.

b. c.

Voluntary Use. The Producers Mark is licensed by the PGA to any Produced By who voluntarily applies for eligibility to use the Producers Mark next to his or her name as part of the producing credit, and is determined, pursuant to these Rules, to be eligible hereunder and to have performed a major portion of the producing functions on the motion picture. Contractual Right to Producing Credit. As a precondition to a producer’s request to use the Producers Mark on a motion picture, the producer must have received the contractual right from the Production Company for a credit of “Produced By” or “Producer” on the motion picture.

Producing Teams. In determining the number of producers eligible for nomination, a bona fide team of not more than two people shall be considered to be a single “producer” if the two individuals have had an established producing partnership for at least the previous five years and 4

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as a producing team have previously produced a minimum of two theatrically released feature motion pictures.

B. STANDARDS FOR ELIGIBILITY

1. Produced By Job Description. In common parlance, an individual receiving the Produced By credit for a theatrical motion picture is typically referred to as the film’s producer. The Produced By credit is given to the individual(s) most completely responsible for a film’s production, subject to the control of the Production Company. The Produced By must have performed a major portion of the producing functions indicated in the PGA’s Individual Producer Eligibility Form for Theatrical Motion Pictures.

Development. During the development phase, the Produced By typically conceives of the underlying premise of the production, or selects the material. He or she also selects the project's writer, secures the necessary rights and initial financing, and supervises the development process.

a.

Pre-production. During pre-production, the Produced By typically selects key members of the creative team, including the director, co-producer, cinematographer, unit production manager, production designer and principal cast. The Produced By also participates in location scouting, and approves the final shooting script, production schedule and budget.

b.

Production. During the production phase, the Produced By supervises the day-to-day operations of the producing team, providing continuous, personal, and usually on-set consultation with the director and other key creative personnel. He or she also approves weekly cost reports, and continues to serve as the primary point of contact for the Production Company and distribution entities.

c.

Post-production. During the post-production phase, the Produced By consults personally with postproduction personnel, including the editor, composer, and visual effects staff. He or she also consults with the creative and financial personnel on the answer print or edited master, and usually is involved in a meaningful fashion with the Production Company and distribution entities concerning the marketing and distribution plans for the motion picture in both domestic and foreign markets.

d.

2. Functional Definition. To be eligible for use of the Producers Mark, a Produced By must have substantial responsibility for (i.e., must perform in a decision-making capacity) a major portion of the following producing functions: a.

b.

Development Phase.

• • • • • • • •

Conceived of the underlying concept or selected the material on which the production is based. Selected and hired the writer(s). Secured necessary rights for development and production of the material. Collaborated with the writer(s) on development of the screenplay. Selected and engaged the director. Secured the financing (e.g., studio or independent funding, license fees, loans, etc.). Supervised the preparation of the preliminary budget. Served as the primary point-of-contact for the network, studio, distributor, and/or financing entity.

Pre-Production Phase. • • • •

Selected and set the principal cast in consultation with the director. Selected the production designer in consultation with the director.

Selected the co-producer, executive producer and/or unit production manager. Participated in location scouting with the director. 5

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• • • • • • • c.

Production Phase. • • • • • • • •

d.

Selected the cinematographer in consultation with the director. Selected the visual effects company in consultation with the director. Selected the editor in consultation with the director. Approved final shooting schedule in consultation with the director. Approved and signed the final budget. Approved the final shooting script. Approved deals for the principal components of the production. Supervised on-set, and on a regular basis, the day-to-day operation of the shooting company and of all talent and crafts. Provided regular in-person consultation with the director. Provided regular in-person consultation with the writer(s). Provided consultation with the principal cast in collaboration with the director. Provided regular in-person consultation with the production designer and art department in collaboration with the director. Provided consultation on wardrobe, make-up and hair in collaboration with the director. Approved the weekly cost reports. Viewed the dailies and provided in-person consultation with the director, editor, studio, network, and/or financing entity.

Post-Production Phase. • • • • • • • •

Consulted with the director, editor, studio, network, and/or financing entity on the editing of the production. Consulted on the marketing plans for the motion picture. Consulted on the distribution plans for the motion picture. Consulted on the plans for exploitation of the motion picture in foreign and ancillary markets. Consulted with the director, studio and/or financing entity on the score for the motion picture. Selected the composer in consultation with the director. Selected the music supervisor in consultation with the director. Provided in-person participation on visual effects in consultation with the director, network, studio and/or financing entity.

3. Performance of Non-Producing Role. If, in addition to his or her role as a Produced By, an individual also contributed to the production in a different, non-producing capacity (e.g., studio executive, agent, manager, director, writer, actor, etc.), or performed services in a different occupation during production of the motion picture, said individual shall be eligible for an award nomination and/or eligible to use the Producers Mark only if it is demonstrated that he or she had substantial responsibility for a major portion of the producing functions throughout production of the motion picture that was demonstrably distinct from, and in addition to, the individual's other contributions to the motion picture. a.

b.

Writer. Written contributions to the story or script are considered duties discharged as a writer, and shall not be counted towards the individual's producing duties if the individual received a writing credit.

Executive/Employee. If an executive or employee of a studio distributing and/or financing the motion picture receives credit as Produced By, he or she must demonstrate a significant and 6

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c.

dedicated commitment of time and resources to the production of the motion picture beyond his or her duties as an executive.

Director. Because of the uniquely flexible nature of the producer-director collaboration in the creation of motion pictures, many producing functions may be performed by a director in the course of his or her directorial duties. However, this flexibility shall not be interpreted to mean that every director is therefore also eligible to use the Producers Mark. To be deemed eligible, the director must have undertaken significant producing duties beyond what he or she would normally perform as director. Possible examples of such involvement might include: substantial contributions to the development process; a demonstrated attachment to the production predating the production deal made with the Production Company; involvement with the project preceding that of all other producers; responsibility for all budgetary concerns; securing significant financing; or playing a decisive role in determining marketing and distribution strategies.

C. PROCEDURES FOR DETERMINING ELIGIBILITY TO USE THE PRODUCERS MARK

1. Notice of Producing Credits. The PGA will begin the process of determining Producers Mark eligibility upon receipt of written notice from the Production Company listing: (i) all those individuals to whom the Production Company has contractually granted the right to a Produced By credit (which titles must appear in the onscreen credits), and (ii) all key creative participants and department heads involved in the production of the motion picture (“Notice of Producing Credits”). The Notice of Producing Credits must be submitted online through the website at producersguildawards.com, or sent to the representative designated by the PGA to manage the administration of these Rules (the “PGA Administrator”) located at 8530 Wilshire Boulevard, Suite 400, Beverly Hills, CA 90211, or by email to [email protected] PLEASE NOTE: The Notice of Producing Credits must be submitted and signed by a Production Company, as defined herein, or by someone expressly authorized by the Production Company to submit the motion picture for Producers Mark certification and/or award eligibility. 2. Individual Producer Eligibility Form. Immediately upon receipt of the Notice of Producing Credits form, the PGA Administrator shall contact each producer potentially eligible to use the Producers Mark to inquire whether he or she wishes to participate in the eligibility determination process. Each Produced By shall confirm his or her participation in the eligibility process by completing and submitting to the PGA Administrator an Individual Producer Eligibility Form (“Eligibility Form”). Without receipt of a signed Eligibility Form, the PGA cannot provide award eligibility status and/or license the use of the Producers Mark to a Produced By. In order to foster candid responses, the PGA will keep strictly confidential all information supplied on the Eligibility Forms. 3. Verification of Producer Credits Form. Following receipt of the Notice of Producing Credits form and at least one Eligibility Form from an eligible Produced By, the PGA Administrator shall begin contacting key creative participants and department heads (e.g., writer, director, casting director, unit production manager, production designer, cinematographer, post-production supervisor, etc.) to secure confidential information concerning their involvement with the producers on the motion picture. The PGA Administrator shall use judicious caution to obtain as much relevant information as possible from the key participants in the production of the motion picture and will conduct such inquiry late in the post-production phase to maximize the amount of relevant information obtained. When contacting the key participants, the PGA Administrator shall use confidential forms (“Verification of Producer Credit” forms) and private telephone interviews to secure relevant information and documents in such a way as to induce honest disclosure and testimony, and will keep all information obtained strictly confidential.

4. Initiation and Scheduling of the Eligibility Determination. The PGA may initiate and convene a formal Eligibility Determination Panel (“Panel”) to ascertain whether each Produced By qualifies for usage of the Producers Mark and/or award eligibility when: 1) there is more than one individual receiving a Produced By credit on the motion picture; or 2) if, after careful and expeditious review of all Eligibility Forms and Verification of Producer Credit forms, disputes, coercion, conflicts or other issues are 7 PM.TMP/MASTER (8.21.15)

evident. In all other cases, the PGA National Executive Director may administratively render eligibility determination decisions without formally convening a Panel. If a Panel is warranted, the PGA Administrator shall determine a time and location to conduct the private and confidential eligibility determination, with due consideration given to expedite the eligibility determination process to meet timely delivery requirements for the motion picture. In this instance, the PGA Administrator will send written notice to all individuals contractually-credited and credited onscreen as Produced By of a pending eligibility determination (“Notice of Eligibility Determination”), and will include with such notice the Available Arbiters List (described below).

5. Available Arbiters List. The PGA Administrator shall submit to all Produced Bys requesting use of the Producers Mark a list of potential arbiters (“Available Arbiters List”). The Available Arbiters List shall be composed of established producers with substantial experience, each of whom shall possess no fewer than two (2) Produced By credits in theatrical motion pictures. Arbiters determining eligibility for use of the Producers Mark need not be members of the PGA. Each Produced By shall have the right to strike named arbiters from the Available Arbiters List provided the party has a reasonable and good faith belief that such stricken arbiter(s) might possess prejudice against an individual or production under consideration. This right to strike shall be exercised, if at all, by communication with the PGA Administrator within two (2) business days after the Notice of Eligibility Determination was sent to the participating Produced By via email or fax.

6. Selection of an Eligibility Determination Panel. The PGA Administrator shall select, from the eligible individuals on the Available Arbiters List, no fewer than two (2) or more than three (3) producers who shall function with the authority of the PGA as the designated arbiters on the Panel. To ensure that these Rules are applied fairly, each Panel shall be advised by an attorney who may be the same individual designated by the PGA as PGA Administrator; however, substantive decisions and questions of fact shall be determined exclusively by the Panel. If a director, seeks use of the Producers Mark, then the PGA Administrator shall use best efforts to include one director as applicable, as an arbiter on the Panel, subject to timely availability. In order to maintain objectivity and avoid professional retribution, the identities of the selected arbiters shall be maintained in strict confidence. An arbiter with a vested interest in the outcome of the proceeding or who has or had a relationship with any Produced By which might bias the arbiter’s judgment concerning the Produced By’s involvement with the motion picture, shall recuse herself or himself from participation on the Panel.

7. Timeliness Is of the Essence. Due to the need for adequate time to complete the eligibility determination process and deliver approved Producers Mark licenses to the Production Company in advance of the completion of the final answer print and duplicating materials so that any approved Producers Marks can be attached to the producing credits (and any marketing or publicity materials), it is essential that: (1) the Production Company submit the Notice of Producing Credits immediately upon commencement of the post-production of the motion picture; (2) the Produced Bys seeking use of the Producers Mark submit their Eligibility Forms promptly after receiving the PGA’s request; (3) the key creative participants and department heads involved in the production of the motion picture submit their Verification of Producer Credit forms promptly after receiving the PGA’s request; and (4) any Produced By who wishes to recuse any arbiter from the Available Arbiters List do so within two (2) business days after the Notice of Eligibility Determination is sent to him or her via email or fax, after which time the right to recuse arbiters shall expire.

D. PROCEDURES APPLICABLE TO THE ELIGIBILITY DETERMINATION PANEL

1. Confidential Review of Information and Documentation by the Eligibility Determination Panel. To promote anonymity and objectivity in the determination process, the identities of the Produced Bys and the key creative participants and department heads shall be redacted from all documentation submitted to the Panel for adjudication and each individual shall be assigned a unique identifier in place of his or her name. The Panel shall conduct a careful and expeditious review of documentation received and may, at its discretion, request additional information to resolve ambiguities in the documentation 8

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provided. Such additional information may include requests directed to any of the participants, including, without limitation, the screenwriter(s), director, editor, unit production manager, casting director, and Production Company or studio executives. The purpose of such third-party inquiries, all of which will be managed confidentially by the PGA Administrator, is to delineate lines of responsibility during the actual development, pre-production, production, and post-production of the motion picture and to illuminate other relevant facts. To ensure that all testimony submitted by third parties is both candid and accurate, the PGA mandates that such testimony shall never be shared with the Produced Bys.

2. Panel Adjudicatory Procedures. In determining eligibility, the Panel shall assess the documentation and evidence presented, using the knowledge and judgment born of their substantial experience to resolve any discrepancies and to render a decision. Although the identities of the Produced Bys and the key creative participants and department heads shall be redacted from all documentation submitted to the Panel for adjudication and each individual shall be assigned a unique identifier in place of his or her name, it is possible that the arbiters may discover the identities of the Produced Bys during their review of the documentation. It should be noted that the adjudicatory procedures and the Panel’s interpretation of the Rules for award eligibility and use of the Producers Mark shall favor inclusion rather than exclusion. The Panel shall consider individual contributions of each Produced By seeking use of the Producers Mark relative to the specific circumstances of production, granting greater weight to individual functions likely to reflect substantive producing responsibility (e.g., responsibility for the hiring of the director is weighed more heavily than responsibility for the hiring of the art director; responsibility for overseeing digital effects work is weighed more heavily on a production with a higher proportion of special effects shots, etc.). Likewise, the four phases of production are not weighted equally. Subject to the Panel’s reasonable discretion based on the circumstances, the PGA recommends that the Panel assess producing contributions as: Development: 35%; Pre-Production: 20%; Production: 20%; Post-Production: 25%. This weighting is valuable because not all Produced Bys can perform a major portion of the functions during all four phases. Eligibility can be established if a producer is responsible for a major portion of the functions in enough of the phases to account for over 50% of the weighting. a.

b.

c.

Producers involuntarily removed from production. An exception to the weighted percentages given above occurs in the case of Produced Bys who are involuntarily removed from the production process. Such producers shall be eligible for awards and use of the Producers Mark provided they meet all of the following criteria: (1) status as the project's original producer, having initially obtained, or caused the Production Company to obtain, the underlying rights to the material and initially developed the original premise; (2) credit as Produced By on the final cut of the motion picture; (3) probative evidence of their involuntary removal from the production process without cause (i.e., a producer risks forfeiture of eligibility if he or she chooses not to continue providing services to the production); and (4) direct responsibility for having hired, or caused the Production Company to hire, one or more writers who retain any form of writing credit on the finished motion picture. Producers working to the detriment of production. Notwithstanding the criteria for eligibility set forth in these Rules, the Panel may take special notice of any credited Produced By who hinders the filmmaking process through unwelcome intrusion into aspects of the process outside of his or her appropriate sphere. Should the Panel determine that a Produced By has engaged in such detrimental behavior, it may, at its discretion, choose to deny eligibility to that Produced By despite his or her having otherwise met the standard of responsibility for a major portion of the producing functions. Producers’ undue interference with fact gathering from third parties. A Produced By seeking use of the Producers Mark agrees to refrain from undue interference with the PGA’s efforts to gather accurate and confidential information from key creative participants and department heads that will be provided to the Arbiters reviewing his or her eligibility. The Panel may take special notice of any Produced By who frustrates the truthful disclosure of third parties by: (1) obstructing 9

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access by the PGA to such parties, or (2) coaching, coercing, or improperly influencing third party responders to manipulate the outcome of any eligibility determination. Should the Panel determine that a Produced By has engaged in such conduct, it may, at its discretion, choose to deny eligibility to that Produced By despite his or her having otherwise met the standard of responsibility for a major portion of the producing functions.

3. The Panel’s Decision. After due consideration to the evidence and these Rules, the Panel shall render a decision concerning the eligibility of each Produced By to license the use of the Producers Mark next to their name in the credits for the motion picture. The Panel’s decision shall be communicated to each Produced By identified in the Notice of Producing Credits (the “Eligibility Determination Letter”). In the event an arbitrated motion picture is subsequently considered for award eligibility, the Panel’s decision shall be binding on all Produced Bys identified in the Notice of Producing Credits.

4. Display of Producers Mark by the Production Company. Once a Produced By has been licensed the use of the Producers Mark by the PGA, the Production Company agrees to place the Producers Mark immediately next to the name of the Produced By (e.g., Jane Smith, p.g.a.) in the on-screen credits and in any advertisements and promotional materials under the Production Company’s control, subject to the terms set forth in the Eligibility Determination Letter. 5. Confidentiality. To protect the integrity of the process and to guard against unjust interference, the identity of members of the Panel shall be held in confidence and their work done anonymously. Oral testimony shall be taken only at the request of the Panel, by telephone, and through the PGA Administrator or attorney assigned to the Panel. The documents and other materials received from the Produced Bys and third parties, and the content of the Panel’s discussion and deliberation, shall remain confidential and shall not be shared with any other individual or entity, except as required to: (1) inform awards officials relying on the Panel’s decision for the purpose of conferring awards; and (2) process an appeal submitted by or on behalf of a Produced By as set forth in section E below.

E. REVIEW OF THE ELIGIBILITY DETERMINATION BY AN APPELLATE PANEL

1. Request for Appeal. A Produced By may request an appeal of the PGA’s or the Panel’s determination. Such requests must be in writing and filed with the PGA Administrator within five (5) business days of the date of the Eligibility Determination Letter, and must state the grounds for the appeal in reasonable detail. 2. Grounds for Appeal. Valid grounds for appeal are limited to the following: a.

Dereliction of duty on the part of the PGA or the Panel or any of its members;

c.

Misinterpretation, misapplication or violation of PGA policy as set forth in these Rules and Procedures; or

b. d.

The exercise of undue influence upon the PGA or the Panel or any of its members;

Availability of relevant and probative evidence, for valid reasons not previously available to the PGA or the Panel.

3. Appellate Panel. If an appeal is taken from a decision made by the PGA, then the appellant shall be provided with the Available Arbiters List and shall have two (2) business days to strike any arbiter as provided in Section C(5), above. The appeal shall be presented to an appellate panel consisting of three (3) arbiters who were not stricken from the Available Arbiters List. If an appeal is taken from a decision made by the Panel, then that appeal shall be presented to an appellate panel consisting of one member from the initial Panel and two new members selected from the Available Arbiters List who were not stricken by the Produced By submitting an appeal. In either event, the appellate panel shall be advised by an attorney designated by the PGA; however, substantive decisions and questions of fact shall be determined exclusively by the appellate panel. No panelist shall serve on the appellate panel if he or she has a vested interest in any aspect of the outcome of the eligibility determination. 10

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4. Procedure. Subject to a finding by the PGA Administrator that the stated grounds for appeal are valid under this section, the appellate panel shall determine whether the previously rendered Eligibility Determination Letter should be modified.

5. Final Decision. The appellate panel shall either uphold the prior decision, or render a new decision based on its review of the entirety of the evidence presented. The decision of the appellate panel shall be final and is not subject to further review by the PGA. After the appellate panel has rendered its decision, the PGA Administrator shall inform all Produced Bys of its decision.

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