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Penske loses Texas penalty appeal

The next step is a hearing before NASCAR's chief appellate officer John Middlebrook, a former General Motors executive who serves for a nominal $1 a year. His decision is final. Tharp said Penske's final appeal would be held next Tuesday, after earlier saying it would be scheduled as "quickly and expeditiously as possible," and that the team suspensions would be deferred until after that hearing had taken place.

Since the current appeals process was introduced, some 70 per cent of the 150 appeals that have been heard have been upheld in NASCAR' favour, including today's ruling. However, Middlebrook did overturn comparable penalties on the #48 team of Jimmie Johnson and crew chief last year on a final appeal for a rules infraction at the Daytona 500.

Joe Gibbs Racing's appeal for having an underweight connecting rod in Matt Kenseth's race-winning engine at Kansas will be heard next Wednesday by a different three-man panel. NASCAR has currently imposed a 50 points penalty for Matt Kenseth, a six-race suspension and $200,000 fine for crew chief Jason Ratcliff and a six-race suspension of Joe Gibb's owner license for the #20 car.



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Penske Racing driver Brad Keselowski prepares for qualifying at Phoenix International Raceway - November 9 2012 (Photo Credit: Jonathan Ferrey/Getty Images for NASCAR)
Penske Racing driver Brad Keselowski in Las Vegas for the post-season awards - November 29 2012 (Photo Credit: Jeff Bottari/Getty Images for NASCAR)
Sam Hornish Jr. (second from right) with the managers and drivers of Penske  Racing during the 2012 NASCAR Sprint Cup Series Media Tour hosted by Charlotte Motor Speedway on Thursday in Concord, NC. AJ Allemendinger is to his right followed by Brad Keselowski. Team owner Roger Penske is second from left. [Photo Credit: Jared C. Tilton/Getty Images for NASCAR]
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Joey Logano, driver of the #22 Shell-Pennzoil Ford, celebrates after winning the NASCAR Sprint Cup Series Sylvania 300 at New Hampshire Motor Speedway on September 21, 2014 in Loudon, New Hampshire.  (Photo Credit: Jerry Markland/NASCAR via Getty Images)
Joey Logano, driver of the #22 Shell-Pennzoil Ford, celebrates in victory lane after winning the NASCAR Sprint Cup Series Sylvania 300 at New Hampshire Motor Speedway on September 21, 2014 in Loudon, New Hampshire. (Photo Credit: Jonathan Ferrey/NASCAR via Getty Images)
Jimmie Johnson, driver of the #48 Lowe`s Chevrolet SS finished in fifth place and Kevin Harvick, driver of the #4 Budweiser Designate A Driver Chevrolet SS finished in third place Sunday, September 21, 2014 in the Chase Challenger 16 NASCAR Sprint Cup race at New Hampshire Motor Speedway in Loudon, New Hampshire. Both Johnson and Harvick are in the Chase which continues in next week`s Challenger 16 race. (Photo by Garry Eller/HHP for Chevy Racing)
Jamie McMurray, driver of the #1 Belkin/Wemo Chevrolet SS finished in fourth place and Jimmie Johnson, driver of the #48 Lowe`s Chevrolet SS finished in fifth place Sunday, September 21, 2014 in the Chase Challenger 16 NASCAR Sprint Cup race at New Hampshire Motor Speedway in Loudon, New Hampshire. Johnson is in the Chase which continues in next week`s Challenger 16 race. (Photo by Garry Eller/HHP for Chevy Racing)
Kevin Harvick, driver of the #4 Budweiser Designate A Driver Chevrolet SS finished in third place Sunday, September 21, 2014 in the Chase Challenger 16 NASCAR Sprint Cup race at New Hampshire Motor Speedway in Loudon, New Hampshire. Harvick is in the Chase which continues in next week`s Challenger 16 race. (Photo by Garry Eller/HHP for Chevy Racing)
Kyle Larson, driver of the #42 Target Chevrolet SS finished in 2nd place and Jeff Gordon, driver of the #24 Drive To End Hunger Chevrolet SS finished in 26th place Sunday, September 21, 2014 in the Chase Challenger 16 NASCAR Sprint Cup race at New Hampshire Motor Speedway in Loudon, New Hampshire. Gordon is in the Chase which continues in next week`s Challenger 16 race. (Photo by Christa L Thomas/HHP for Chevy Racing)
Brad Keselowski, driver of the #2 Miller Lite Ford, loses control of the car after making contact with Matt Kenseth, driver of the #20 Dollar General Toyota, during the NASCAR Sprint Cup Series Sylvania 300 at New Hampshire Motor Speedway on September 21, 2014 in Loudon, New Hampshire. (Photo Credit: Will Schneekloth/NASCAR via Getty Images)
Joey Logano, driver of the #22 Shell-Pennzoil Ford, leads Kyle Busch, driver of the #18 M&M`s Toyota, during the NASCAR Sprint Cup Series Sylvania 300 at New Hampshire Motor Speedway on September 21, 2014 in Loudon, New Hampshire. (Photo Credit: Chris Trotman/NASCAR via Getty Images)
Brad Keselowski, driver of the #2 Miller Lite Ford, leads the field at the start of the NASCAR Sprint Cup Series Sylvania 300 at New Hampshire Motor Speedway on September 21, 2014 in Loudon, New Hampshire.  (Photo Credit: Sarah Glenn/NASCAR via Getty Images)
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Jimmie Johnson, driver of the #48 Lowe’s Chevrolet SS qualified for sixth position September 19, 2014 for Sunday`s Chase Challenger 16 NASCAR Sprint Cup race at New Hampshire Motor Speedway in Loudon, New Hampshire. Johnson is in the Chase which continues with the Challenger 16 for this and next week`s race. (Photo by Christa L Thomas/HHP for Chevy Racing)

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