Last Tuesday, UFC welterweight Nick Diaz filed a lawsuit against the Nevada state athletic commission, claiming that the agency violated his right to due process by declining to grant him a hearing on the status of his fighter's license within 45 days of his suspension.
According to Nevada's office of the attorney general, the legal move is misguided. That is because Diaz's legal team, headed by Ross C. Goodman, cited a "summary suspension" of Diaz's license in his court filing. According to Nevada's state codes, a summary suspension can be ordered if an agency finds that "public health, safety or welfare imperatively require emergency action."
In a written response from Nevada attorney general Catherine Cortez Masto, the state of Nevada asserts that Diaz's legal team misunderstood the suspension.
"No Notice of Summary Suspension was ever served on your client," Masto wrote. "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."
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