Yesterday afternoon, I wrote this story about Nick Diaz not being all that interested in fighting any more.
As it turns out, Diaz was, in fact, interested in fighting. And he wants to fight right now. Which is why Diaz and his lawyer filed a landmark suit against the Nevada State Athletic Commission on Tuesday, according to MMA Weekly.
Diaz alleges that the Commission violated both statutory law and his own Constitutional rights to Due Process by not holding a hearing on his Feb. 9 failure for marijuana metabolites within the 45 days required by law. Diaz is asking the court to stay his suspension and prevent the NSAC from doling out any further punishment.
NRS 233B.127 governs the application, suspension and revocation of licenses in Nevada. It states:
Proceedings relating to the order of summary suspension must be instituted and determined within 45 days after the date of the order unless the agency and the licensee mutually agree in writing to a longer period.
In essence, because the Nevada Commission failed to give Diaz a proper hearing within 45 days of handing down a summary suspension, Diaz is now legally free and clear of the suspension, according to the letter of the law, at least.
The suit comes just days after the Alistair Overeem circus left the Commission with a black eye in public view. Professional boxers have filed suit against the Commission plenty of times, but Diaz is the first professional mixed martial artist to do so.
Keep in mind here that Diaz is not contesting the results of his marijuana metabolite failure. He's contesting the process. And I'm not a lawyer, but it seems to me that, according to the letter of the law, Diaz has a rock solid case. The Nevada Commission may have screwed up royally by not granting Diaz his April 24 hearing as the Diaz team requested.
So, what's next for Diaz if the court rules in his favor? My guess is that a rematch with Carlos Condit will be announced as soon as possible, if Condit is still agreeable to facing the Stockton native again.
What a difference 24 hours can make.
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