by FOXSports.com

Following a hearing, the National Stock Car Racing Commission denied the appeal by Dale Earnhardt Inc. regarding the penalties given to Truex's No. 1 team after a failed opening day inspection at Daytona International Speedway Monday.

The penalties originally handed down by NASCAR included the loss of 150 driver and owner points, and the suspension of both crew chief Kevin Manion, who was hit with a $100,000 fine, and car chief Gary Putnam.

DEI did not contest the violations, but argued the severity of the penalties. They argued that rigorous checks and balances in the fabrication process were in place and could offer no explanation as to why the roof failed to meet the inspection templates. Also, they said the infractions were minor in nature, not deliberate, and that the resulting lowered roof was a disadvantage according to their wind tunnel findings.

The three-person board unanimously decided that the infractions were clear-cut, the roof was low across a broad area and that the penalties that were issued are warranted.

After taking into account the points penalty, Truex is currently 17th in the standings, 233 points behind the last eligible driver for NASCAR's postseason, 12th-place Denny Hamlin.

DEI has the right to make one final appeal to the National Stock Car Racing Commissioner.