Update October 27, 2015 – Marc Raimondi at MMAFighting reports that there are indeed settlement discussions between Diaz and the NSAC making it appear that entry of a final order is being stalled to explore a non-judicial resolution to this saga.
Update October 15, 2015 – the NSAC’s Bob Bennett responded to my inquiry unfortunately the reply was little more than a ‘no comment’ pointing to the pending litigation. Bennett advised as follows – “Due to the pending litigation in Mr. Diaz case, I’m not in a position to comment at this time. Thank you for your anticipated patience”
In a potentially interesting twist, there appears to be a graceful way out for the Nevada State Athletic Commission in the Nick Diaz affair should they wish to take it.
With the ongoing negative publicity for the State and the nearly unanimous public opinion that the NSAC’s 5 year ban for Diaz was arbitrary and capricious, there may be a window for correction if the NSAC is willing to listen to the harsh public feedback.
ESPN’s Brett Okamoto reports that the NSAC has not yet entered a final order against Diaz.
There is a general legal principle that judicial and quasi judicial bodies can retain jurisdiction over a matter until their final order is entered. The NSAC’s governing regulations also appear to confirm this with NAC 467.95 reading as follows (emphasis mine)
1. After the hearing of a contested matter, the Commission will render a written decision on the merits that must contain findings of fact, a determination of the issues presented and the penalty to be imposed, if any.
2. A member of the Commission who did not hear the evidence or read the record may not vote on the decision.
3. The Commission will serve a copy of the decision on the parties personally or by registered or certified mail.
4. The decision is effective upon such service unless the Commission orders otherwise
If Okamoto’s tweet is accurate then there is still no binding decision against Diaz, simply an oral decision that has not yet been finalized by being committed to writing.
When wrongdoers appear before the NSAC the Commission expects them to fall on their sword and from there leniency often follows. The NSAC has an opportunity to take their own medicine and fall on their sword if they wish and correct the injustice they created for Diaz. If not a Court may make them do so through the judicial review process.
I have contacted the NSAC asking whether they intend to revisit this matter or leave it in the hands of the judiciary. I will updated this article if/when they respond.