Time-out, 4 return, when can 5th return?

[tjones1]

I know this probably shouldn't happen if we are all counting before making the ball live; however...

Following a time-out, only 4 players from Team A return. The ball becomes live. According to 10.1.9, if the 5th player returns Team A is charged with a Team Technical Foul for failing to have all players return to the court at approximately the same time following a time-out or intermission.

Here's the question:

When can the 5th player legally return without penalty?

Can the player return during a dead ball, i.e. after a made basket? I say no.

Or does the player have to wait until the next opportunity to "substitute" (even though they are already a player)? I say yes.

I have read this interp from 2007-2008 and note the 'COMMENT' as to why I stated it probably should never happen. However, it doesn't say anything as to when, if any, the player may legally return.

SITUATION 12: Following a (a) charged time-out; or (b) a lengthy substitution process involving multiple substitutions for both teams, A5 goes to the bench and remains there mistakenly believing he/she has been replaced by a substitute. The ball is put in play even though Team A has only four players on the court. Team A is bringing the ball into A's frontcourt when the coach of Team A realizes they have only four players. The coach yells for A5 to return, and he/she sprints onto the court and catches up with play. RULING: In (a), the officials shall stop play and assess a team technical foul for not having all players return to the court at approximately the same time after a time-out. The technical foul counts toward the team-foul count. In (b), the officials may permit play to continue without penalty. A5's return to the court was not deceitful, nor did it provide A5 an unfair positioning advantage on the court. COMMENT: Even though neither situation provided A5 or Team A with an advantage, teams are expected to return to the court at approximately the same time following a time-out. The officials should have also followed the prescribed mechanics and counted the number of players on the court, ensuring each team has the legal number of players. (10-1-9; 10-3-3)

Your thoughts?