
Russell Hackett, Cathy Rice and Chairman George Silbermann ruled on the Evernham penalty, while Terry Eames, Richard Gore and Silbermann ruled on Roush Fenway's. In their rulings, they said they considered several factors, including the fact that neither team had a history of multiple rules violations. However, the commission ruled that in each case, the infractions were "premeditated and intentional, and constituted serious infractions" of the NASCAR rulebook. While the penalties were admittedly severe compared to those in the past, the commission noted that “NASCAR executives announced to contestants at a driver briefing in mid-2006 that the previous 'benchmark' penalty standards for serious violations would likely be increased going forward.”
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