Reconsideration: Difference between revisions

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==Process==

The [[ICANN Board|Board Accountability Mechanisms Committee]] (BAMC) reviews and considers the requests.<ref>Section 4.2(e) and (k), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> If the committee determines that the reconsideration request is ~~not~~ For requests regarding [[:Category:ICANN Staff|ICANN staff]] actions or inactions, the BAMC delegates the authority to make a final determination and recommendation on the matter. The reconsideration process can be invoked for challenges to expert determinations rendered by third party dispute resolution service provider panels in the [[New gTLD Program]], if the panels or staff fail to follow established policies or processes in reaching the expert determination.<ref>[https://www.icann.org/resources/pages/mechanisms-2014-03-20-en Accountability Mechanisms, ICANN]</ref>

The [[ICANN Board|Board Accountability Mechanisms Committee]] (BAMC) reviews and considers the requests.<ref>Section 4.2(e) and (k), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> If the committee determines that the reconsideration request fails to meet the requirements specified in Article 4.2 of the Bylaws, or is "frivolous," it can summarily dismiss the request on that basis.<ref>Section 4.2(k), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> Dismissal on the sole basis that the request is frivolous is rare.<ref>See, e.g., [https://www.icann.org/resources/pages/reconsideration-16-2-commercial-connect-request-2016-02-10-en Request 16.2 - Commercial Connect LLC], February 25, 2016, where despite identifying Commercial Connect's abuse of "all of ICANN's Accountability Mechanisms," the BAMC nonetheless provides an analysis on the sufficiency of the request.</ref>

For requests regarding [[:Category:ICANN Staff|ICANN staff]] actions or inactions, the BAMC delegates the authority to make a final determination and recommendation on the matter. The reconsideration process can be invoked for challenges to expert determinations rendered by third party dispute resolution service provider panels in the [[New gTLD Program]], if the panels or staff fail to follow established policies or processes in reaching the expert determination.<ref>[https://www.icann.org/resources/pages/mechanisms-2014-03-20-en Accountability Mechanisms, ICANN]</ref>

==References==

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 ==Process==
-The [[ICANN Board|Board Accountability Mechanisms Committee]] (BAMC) reviews and considers the requests.<ref>Section 4.2(e) and (k), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> If the committee determines that the reconsideration request is not For requests regarding [[:Category:ICANN Staff|ICANN staff]] actions or inactions, the BAMC delegates the authority to make a final determination and recommendation on the matter. The reconsideration process can be invoked for challenges to expert determinations rendered by third party dispute resolution service provider panels in the [[New gTLD Program]], if the panels or staff fail to follow established policies or processes in reaching the expert determination.<ref>[https://www.icann.org/resources/pages/mechanisms-2014-03-20-en Accountability Mechanisms, ICANN]</ref>
+The [[ICANN Board|Board Accountability Mechanisms Committee]] (BAMC) reviews and considers the requests.<ref>Section 4.2(e) and (k), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> If the committee determines that the reconsideration request fails to meet the requirements specified in Article 4.2 of the Bylaws, or is "frivolous," it can summarily dismiss the request on that basis.<ref>Section 4.2(k), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> Dismissal on the sole basis that the request is frivolous is rare.<ref>See, e.g., [https://www.icann.org/resources/pages/reconsideration-16-2-commercial-connect-request-2016-02-10-en Request 16.2 - Commercial Connect LLC], February 25, 2016, where despite identifying Commercial Connect's abuse of "all of ICANN's Accountability Mechanisms," the BAMC nonetheless provides an analysis on the sufficiency of the request.</ref>
+For requests regarding [[:Category:ICANN Staff|ICANN staff]] actions or inactions, the BAMC delegates the authority to make a final determination and recommendation on the matter. The reconsideration process can be invoked for challenges to expert determinations rendered by third party dispute resolution service provider panels in the [[New gTLD Program]], if the panels or staff fail to follow established policies or processes in reaching the expert determination.<ref>[https://www.icann.org/resources/pages/mechanisms-2014-03-20-en Accountability Mechanisms, ICANN]</ref>
 ==References==