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Old 05-25-2012, 03:58 AM
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Default Nick Diaz and His Legal Team Are Strongly Considering a Challenge to NSAC's Ruling

From MMAFighting.com:

Quote:
May 22, 2012 - Despite a stinging rebuke at the hands of the Nevada State Athletic Commission (NSAC) on Monday, Nick Diaz and his legal team have not given up the fight to secure the fighter a license.

Diaz's lawyer Ross Goodman believes the commission acted in disregard for established and unequivocal Nevada statutory code at Monday's hearing. After being contacted by MMA Fighting, Goodman says Diaz and his legal advisors are strongly considering petitioning a district court to review the NSAC's decision.

Should they choose to move forward, "we would file a petition for judicial review in front of a district court judge," Goodman told MMA Fighting. "It would entitle a judge to basically look at the hearing anew."

Judicial review is a process by which if one requires an occupational license from the state and are denied such authorization by the relevant state agency, the petitioner can ask relevant courts to weigh assess the merits of the petitioner's claims. This method can be used in cases where the petitioner believes the state agency broke the law, acted unfairly or made a decision not based on facts.

In addition to the review, Goodman contends they could also motion the judge for a stay the suspension while he or she deliberates the larger merits of the petition.

Diaz tested positive for marijuana metabolites following his loss to Carlos Condit at UFC 143 in February of 2012. For the infraction, the NSAC suspended Diaz at a hearing Monday in Las Vegas for one year effective from the date of his last fight and fined him 30 percent of his purse, or approximately $60,000. Diaz must also pass a drug test when reapplying to earn a license.

While Goodman objected to several questions asked and conclusions reached by the NSAC, Diaz's legal case primarily rests on whether marijuana metabolites are banned substances in the state of Nevada.

Goodman argued both Monday and in