Wanderlei Silvas lawyer: It is abundantly clear that the NSAC lacks jurisdiction to take disciplinary action over Mr. Silva, a non-licensee, for not submitting to testing that the NSAC had no authority to order. The NSAC tacitly recognizes their lack of jurisdiction to discipline Mr. Silva by removing any reference to licensee under the Jurisdiction section of the Complaint 1-4. A review of other Complaints for Disciplinary Action consistently relies on the unarmed combatants status as a ‘licensee as the jurisdictional basis for the NSACs authority to seek discipline. Here, the NSAC cannot cure this jurisdictional defect by eliminating the phrase ‘licensee and simply refer to Mr. Silva as an ‘unarmed combatant. Mr. Silva is not an unarmed combatant because he did not compete in UFC 175. ... The NSAC has never been vested with the authority to direct or order non-licensed persons to submit to a chemical test. Consequently, the NSAC lacks jurisdiction to seek disciplinary action against Mr. Silva, and any attempt to do so, clearly exceeds the NSACs limited statutory jurisdiction. -Nick
Posted on: Fri, 22 Aug 2014 01:10:42 +0000
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