Earlier this year I addressed why the Nevada State Athletic Commission is on thin ice to discipline Wanderlei Silva for ducking an out of competition drug test. In short it comes down to the fact that he presently is not licensed nor applying for a licence with the Commission.
Today, it was revealed that Silva is indeed challenging the Commissions authority to punish him.
I have obtained a copy of Silva’s Motion to Dismiss Nevada’s Complaint for Disciplinary Action thanks to Yahoo Sports writer Kevin Iole. For those interested here it is in full:
Silva’s arguments largely mirror the arguments previously advanced here and conclude that “the NSAC lacks the jurisdiction to seek disciplinary action against Mr. Silva, and any attempt to do so, clearly exceeds the NSAC’s limited statutory jurisdiction“.
The motion goes on to cite Andrews v. Nevada State Board of Cosmotology which confirms that entities such as the NSAC are creatures of statutory power that have “no general or common law powers, but only such powers as have been conferred by law expressly or by implication“.
Silva’s motion is on strong legal footing. If and when he ever decides to apply of a licence in Nevada he will have to answer for his actions. Until that time the NSAC does not enjoy the power necessary to take action.