This all stems from Diaz failing a drug test post-UFC 143 in an interim welterweight title loss to Carlos Condit. Diaz tested positive for marijuana metabolites and was subsequently suspended by the NSAC.
Diaz defense team is basically saying the fighter was unlawfully suspended by the NSAC and failed to provide him with a timely hearing (within 45 days), therefore the entire case as well as any further punitive proceedings should be dismissed entirely.
MMAFighting.com was first to report the news and put together a great report on the case.
Diaz is arguing the NSAC is in violation of two statutory codes. First, statutory code NRS 233B, requires the commission to determine the outcome through proceedings related to the order of a summary suspension within 45 days of the date of the suspension.
Diaz and his lawyers argue this term has passed without any date set for a hearing. “Diaz’s license has, in effect, been suspended indefinitely,” says the lawsuit, “in the absence of any adverse findings having been made against him by the NSAC.”
“Under NRS 233B.127, which applies to all revocations, suspensions, annulments and withdrawals of licenses (including licenses issued by the NSAC), [p]roceedings relating to the order of summary suspension must be instituted and determined within 45 days after the date of the [suspension] unless the agency and the licensee mutually agree in writing to a longer period.”
Diaz’s complaint also cites breach of statute NRS 467.117, which requires that a “temporary suspension may be made only where the action is necessary to protect the public welfare”. In other words, Diaz’s temporary suspension is unlawful because no basis has been established that demonstrates suspending Diaz was done as a matter of preserving public health.
Citing the alleged violation of these two statutes by the NSAC, Diaz’s complaint asks the court to enjoin NSAC from proceeding with any further punitive proceedings because “the NSAC has lost statutory jurisdiction to proceed with the complaint.”
The former Strikeforce welterweight champion is also claiming his Constitutional rights to due process were violated by the NSAC’s lack of action in the face of temporary suspension. As it relates to due process, Diaz’s complaint argues “The Due Process Clause requires that a statutory provision permitting a temporary suspension pending final determination requires a promptly convened final hearing to determine the merits of a disciplinary complaint.”
Diaz is also saying that if the suspensions is lifted that he is willing to return back to the cage for an immediate rematch versus Condit.
It will certainly be interesting to see where this ride takes fans.