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Since the FLEX can only legally bat for the DP in the #3 slot, what we have here is a violation of 8.3.4.1.6, the FLEX entering the game on offense in a batting-order position other than that of the DP....the FLEX batted in place of the #1 batter.
If this is what was appealed, it can be appealed at any time. Since it was brought to the attention of the Plate Umpire by the defense and others have batted, the rulebook situtation is 8.3.4.2.3 (c). The penalty is that the illegal player is to be declared out if she is still on base and ejected. Since she was not on base at the time of the appeal, she is ejected, but all other play stands.
Batting out of order is still a possibility here...the answer to Shagpal's questions would determine that.
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