HUNTERSVILLE, N.C. (AP) – Crew chief Todd Berrier plans to appeal his two-race suspension and will be in Kevin Harvick’s pit for Sunday’s NASCAR Nextel Cup race at Kansas Speedway.

The appeal is expected to be heard next week by a National Stock Car Racing Commission panel. Berrier announced his plans Wednesday and will be allowed to work with the team. Berrier was sent home and Harvick’s Chevrolet was disqualified last Friday when NASCAR found several violations in the trunk of Harvick’s car after he qualified second at Talladega Superspeedway.

On Tuesday, the crew chief was fined $10,000, suspended for an additional two races, until Oct. 19, and put on probation until Dec. 31.

NASCAR viewed Berrier as a repeat offender. He was suspended for four races this year when Harvick’s fuel tank was found rigged in Las Vegas.

Also Wednesday, Michael Waltrip’s penalties for allegedly making an inappropriate gesture during the Sept. 18 race in New Hampshire were overturned when two members of the panel found TV footage of the incident “inconclusive.”

NASCAR had accused Waltrip of gesturing during after Robby Gordon threw his helmet at Waltrip following an accident involving the drivers. Waltrip, who denied ever making a gesture, was fined $10,000, docked 25 points and placed on probation until the end of the year.

AP-ES-10-05-05 1847EDT