The Nevada State Athletic Commission has issued a response to Nick Diaz’s (Pictured) lawsuit in which he claims the board has violated his right to due process by not granting him a hearing within 45 days of his February 22nd suspension.
Nevada attorney general Catherine Cortez Masto sent a letter to Ross C. Goodman, Diaz’s attorney, stating he has misunderstood the NSAC’s ban. Last Tuesday, Goodman cited a “summary suspension” was handed to his client, but according to Nevada’s state codes, a summary suspension can only be ordered if an agency finds that “public health, safety or welfare imperatively require emergency action.”
Masto professes Diaz was never ousted on those grounds.
“No Notice of Summary Suspension was ever served on your client,” Masto expressed in a notice obtained by MMAFighting. “In this matter, Mr. Diaz was properly served with a ‘Notice of Hearing on Temporary Suspension’ and he failed to appear at the hearing. The Commission temporarily suspended Mr. Diaz’s license at the hearing. Neither Mr. Diaz nor you objected in any manner to the temporary suspension.”
Because Diaz doesn’t fall under a summary suspension, the NSAC is not required to offer him a hearing within 45 days. They will “continue the suspension until it makes a final determination of any disciplinary action to be taken against the licensee or holder of the permit.”
Furthermore, the commission says Diaz is partially at fault for the delay in the scheduling of his meeting. The 28-year-old has yet to provide the board with his medical marijuana card that they had previously requested.
Goodman did send them a signed letter from Dr. Robert E. Sullivan, the physician who prescribed Diaz medical marijuana in the state of California to help treat his case of Attention Deficit Hyperactivity Disorder. However, it appears that document, which was originally submitted in June of 2009 and reaffirmed in February 2012, isn’t enough to satisfy the NSAC.
According to Masto, they are moving forward with their complaint against Diaz and intend to eventually allow him to address his suspension.