RCR was in a grand celebration mode when Austin Dillon won the Richmond race. But their happiness didn’t last long as NASCAR docked the #3 driver’s Playoffs eligibility with that win. The team brought itself to appeal to the Penalty, which was heard yesterday.

However, to their dismay, the National Motorsports Appeals Panel upheld most of the penalty aspects. One aspect that was modified was the suspension of spotter Brandon Benesch for three races being reduced to the one that took place Sunday; the FireKeeper’s Casino 400 in Michigan.

Interestingly, there’s another layer of appeal that the team can resort to, and it seems they will.

What is the appeal of the appeal in NASCAR?

If a team has been issued a penalty by NASCAR, it appeals to the National Motorsports Appeals Panel. If it wins the appeal, there are no more recourse procedures required. But if it loses the appeal, the team can then seek remedy from the higher, and ultimate, authority of the Final Appeals Officer (FAO). This is only an option for the team, and NASCAR has no such last resort.

As Jeff Gluck explained on Dirty Mo Media, “Unlike the panel, which is shifting and it’s often a combination of different people each time, the FAO is just the same person each time he serves in that role for several years.” There is a great deal of responsibility on this entity to make the right decision in the best interest of the sport, without letting any injustice happen to the ailing team.

This is the stage of no return. Once the FAO announces their verdict, that’s final. “That’s as far as anybody can go,” said Gluck. Talking about RCR’s position on the final appeal, Gluck confirmed, “He (FAO) will hear their case again, potentially early next week. So, probably not before Daytona. We’ll probably still leave Daytona, not knowing for sure whether Dillon will be reinstated. But they’ll do it again and he will issue his final ruling.”

Now, this ruling will reveal whether Dillon will be in the Playoffs if he doesn’t manage to win Daytona and Darlington.

Final Appeal is not the best-case scenario for Dillon

The appeal verdict of the panel was that for NASCAR to solicit a Cup champion, they need to show exemplary conduct. So, going by that logic, the FAO will be of a similar opinion. Moreover, there has rarely been anyone who has won the Final Appeal. But there might be one or two such precedents, although none in the recent past.

“It’s not looking great then,” exclaimed Casey Boat. It surely seems highly improbable for RCR to get a win out of this fight. They should consider focusing on getting an actual win in the remaining two races to secure the Playoff seat. Kyle Busch seems almost set to be in the top 16, so should try Dillon.

The #3 team has a fast car and a good driver, and that’s what it takes to win. The appeal specifics are now solely in the hands of the FAO and their impeccable judgment.