Appeal denied: Kurt Busch will miss the Daytona 500

DAYTONA BEACH, Fla.— Late Saturday, Final Appeals Officer Bryan Moss upheld NASCAR’s original decision to suspend Kurt Busch indefinitely from competition.

NASCAR released Moss' decisions:

• The appellant violated the Rules set forth in the penalty notice and the decision of the National Motorsports Appeals Panel was correct;
• The penalty was within the scope of the guidelines;
• The National Motorsports Final Appeals Officer upholds the original penalty levied by NASCAR

Busch has exhausted his appeals options and any opportunity to compete in the Daytona 500. Stewart Haas Racing has already committed to Regan Smith as the driver of the No. 41 Haas Automation Chevy for Sunday. SHR will make a decision for Atlanta Motor Speedway next week.

NASCAR reacted to the release of the Kent County (Del.) Family Court findings and the conclusion in the case of Patricia P. Driscoll v. Kurt Busch where Driscoll petitioned and received an order of protection from abuse. The sanctioning body cited actions detrimental to stock car racing (Sec. 12.1.a) and a behavioral penalty (Sec. 12.8) in reaction to the supplemental civic disposition from State of Delaware.

However, NASCAR offered the 2004 Sprint Cup champion the opportunity to expedite the appeal. Busch’s original appeal was heard by three members of the National Motorsports Appeals Panel at noon on Saturday. After a three-hour meeting, the initial appeal was denied. Busch then appealed the panel’s decision. The hearing with Moss was scheduled for 7:30 at the International Motorsports Center across from Daytona International Speedway.

NASCAR was represented by Jim Cassidy, Senior Vice President of Racing Operations. The Appellate Administrator is NASCAR Vice President George Silbermann.

We are unhappy with the latest decision to deny our re-appeal, but we will continue to exhaust every procedural and legal remedy we have available to us until Kurt Busch is vindicated.

Rusty Hardin

Busch’s counsel Rusty Hardin released the following statement:

"We are unhappy with the latest decision to deny our re-appeal, but we will continue to exhaust every procedural and legal remedy we have available to us until Kurt Busch is vindicated. Along the way we intend to continue to call attention to the facts and witnesses that will shed light on Ms. Driscoll's true character, motivations and history."

With both Busch and his brother Kyle on the sidelines for the Daytona 500, it’s the first time a member from the Las Vegas family has not participated in the Great American Race since 2001.