While it is true Kurt Busch on Monday agreed to follow NASCAR's recommended guidelines to be eligible for eventual reinstatement, his eligibility for reinstatement may end up being affected by issues outside of his control.
NASCAR spokesman David Higdon told the Observer the sanctioning body established terms for Busch's possible reinstatement based solely on the facts the sanctioning body has on hands today, in other words on the opinion issued last month of a Kent County (Del.) Family Court commissioner who found Busch committed an act of domestic violence against his ex-girlfriend, Patricia Driscoll, during a confrontation in his motorhome last September.
Higdon declined to identify the requirements Busch has to meet but said an outside consultant helped design them.
Even if Busch were to complete all of NASCAR's requirements to its satisfaction, it's still possible Busch could remain indefinitely suspended. That's because the Delaware Attorney General has yet to decide whether to charge Busch criminally for the same incident.
"Anything from the Attorney General's decision to other information in the days and weeks ahead of course could affect his eligibility for reinstatement," Higdon said.
So, in effect, Busch remains in suspension limbo because regardless of what Busch does for NASCAR in the coming weeks, the last obstacle to his reinstatement rests in a decision the Delaware Attorney General seems in no hurry to make.