no wandy there...guess he's scared they would test him.
If you want to be a fighter, go by the rules. Someone who is clean isnt going to go through all this shit. Being a fighter is not right. Just like every job, there are expectation you must follow. It sucks, but welcome to the real world
Even though he wasn't licensed, his fight had been signed and promoted -- correct? Wand was on record as saying he was going to fight in Vegas, but was delaying the paperwork.
This is interesting legal territory. Not sure the NSAC shouldn't be able to "request" fighters test after announcing their intentions to fight and entering into legally binding contracts to do so. The only benefit in those cases are athletes breaking the rules and waiting for their systems to flush.
But I'm no legal expert and it's hard to deny we're in fairly new territory. 
catbath - Even though he wasn't licensed, his fight had been signed and promoted -- correct? Wand was on record as saying he was going to fight in Vegas, but was delaying the paperwork.
This is interesting legal territory. Not sure the NSAC shouldn't be able to "request" fighters test after announcing their intentions to fight and entering into legally binding contracts to do so. The only benefit in those cases are athletes breaking the rules and waiting for their systems to flush.
But I'm no legal expert and it's hard to deny we're in fairly new territory.
The NSAC is a creature of staute and only have the powers given to them by statute. They cannot discipline someone who is not licenced.
If and when Silva applies for a Nevada licence then the NSAC's powers are triggered. At that stage they are simply limited to denying him a licence.
Popular or not, Silva's position is on strong legal footing.
fraz1001 - If he gets off with no fine or ban that's one hell of a can of worms to open....
Basically if ur unlicensed and they knock ur gym door,tell them to fuck off!
Take what u like when unlicensed???!!!
Not quite. The statutory scheme (in Nevada) addresses this situaiton and holds that
"The Commission may deny the application of an applicant if it finds that the applicant has performed any act which would, if performed by a licensee, subject the licensee to discipline pursuant to NAC 467.885.”
So if you duck a test and are licenced you can be punished, if you are not licenced the AC can deny you a licence if/when you do apply based on the above. What the AC can't do is punish an unlicenced person, they can only deny a subsequent application.
I would be surprised if the AC ever licenses Silva again. Technically, he's correct, if he isn't licensed, he's not under the NSAC jurisdiction. But once he applies, he's fucked. IMO.
ErikMagraken -catbath - Even though he wasn't licensed, his fight had been signed and promoted -- correct? Wand was on record as saying he was going to fight in Vegas, but was delaying the paperwork.
This is interesting legal territory. Not sure the NSAC shouldn't be able to "request" fighters test after announcing their intentions to fight and entering into legally binding contracts to do so. The only benefit in those cases are athletes breaking the rules and waiting for their systems to flush.
But I'm no legal expert and it's hard to deny we're in fairly new territory.
The NSAC is a creature of staute and only have the powers given to them by statute. They cannot discipline someone who is not licenced.
If and when Silva applies for a Nevada licence then the NSAC's powers are triggered. At that stage they are simply limited to denying him a licence.
Popular or not, Silva's position is on strong legal footing.
So, by that logic, couldn't the NSAC design a decision that states Silva won't be considered for licensing for a certain period of time (due to him admitting to diuretics under oath)? And, if so, wouldn't the UFC shelf him until that period comes to an end -- considering their vocal stance of supporting the commissions?
Without a formal application they can't make a binding decision. They are free to make whatever public comments they want about Silva and his actions. The UFC is free to place whatever weight they want on that.
Certainly if Silva applies to another jurisdiciton that commission is free to use his admitted use of diuretics against him.
thatonedude - Catbath I believe you sir are correct, but I'm not a lawyer and my lawyer sucks.Gracias, but I'm just theorizing like the rest of the experts. Ha.
I will sat I don't think using the Vitor decision as an example really make sense, since my opinion Vitor is such a more lucrative commodity at this point in his career. If the commission can find a way to make an example of Wand -- through the back door or the front – it's hard to think they won't.
catbath - Even though he wasn't licensed, his fight had been signed and promoted -- correct? Wand was on record as saying he was going to fight in Vegas, but was delaying the paperwork.
This is interesting legal territory. Not sure the NSAC shouldn't be able to "request" fighters test after announcing their intentions to fight and entering into legally binding contracts to do so. The only benefit in those cases are athletes breaking the rules and waiting for their systems to flush.
But I'm no legal expert and it's hard to deny we're in fairly new territory.
No, his fight had not been signed. How many times does that need to be pointed out? No bout agreement, no license, no application for a license.
I wonder if contractually the UFC fighters are required to submit to random drug testing? Is it possible (in a legal sense) that the UFC can claim that the NSAC was acting as an "agent" on their behalf? Definitely some interesting arguments to be had. 
Wriggling Grunion -So, in signing on and negotiating a contract to be TUF Brazil -- a reality show designed completely around a showdown between Silva and Sonnen -- there was no language in the contract that discussed that fight? Maybe. I haven't seen it. But that sounds unlikely.catbath - Even though he wasn't licensed, his fight had been signed and promoted -- correct? Wand was on record as saying he was going to fight in Vegas, but was delaying the paperwork.
This is interesting legal territory. Not sure the NSAC shouldn't be able to "request" fighters test after announcing their intentions to fight and entering into legally binding contracts to do so. The only benefit in those cases are athletes breaking the rules and waiting for their systems to flush.
But I'm no legal expert and it's hard to deny we're in fairly new territory.
No, his fight had not been signed. How many times does that need to be pointed out? No bout agreement, no license, no application for a license.
My point was that, even if they hadn't started the official licensing process, these guys were on record stating they were going to fight. So they were combatants in training.
But I'm looking to get in a semantics pissing match. Happy to wait and see how this all plays out and nothing surprises me, in terms of inconsistency.
catbath -Wriggling Grunion -catbath - Even though he wasn't licensed, his fight had been signed and promoted -- correct? Wand was on record as saying he was going to fight in Vegas, but was delaying the paperwork.
This is interesting legal territory. Not sure the NSAC shouldn't be able to "request" fighters test after announcing their intentions to fight and entering into legally binding contracts to do so. The only benefit in those cases are athletes breaking the rules and waiting for their systems to flush.
But I'm no legal expert and it's hard to deny we're in fairly new territory.<br /> <p> <span class="User-295264" id="userPost50557698">No, his fight had not been signed. How many times does that need to be pointed out? No bout agreement, no license, no application for a license.</span></p> </blockquote> <span class="User-295264" id="userPost50557698">So, in signing on and negotiating a contract to be TUF Brazil -- a reality show designed completely around a showdown between Silva and Sonnen -- there was no language in the contract that discussed that fight? Maybe. I haven't seen it. But that sounds unlikely.<br /> <br /> My point was that, even if they hadn't started the official licensing process, these guys were on record stating they were going to fight. So they were combatants in training.<br /> <br /> But I'm looking to get in a semantics pissing match. Happy to wait and see how this all plays out and nothing surprises me, in terms of inconsistency. <img alt="Phone Post 3.0" border="0" src="/images/phone/apple.png" style="vertical-align:middle;" /></span></blockquote>
I'm guessing you missed the whole "Wanderlei won't sign the fight contract!" - Sonnen debacle that took place during the filming of the show. No bout agreement was signed.
Arguing about regulations/law is a semantics pissing match.
zFugitive -I understand what both of you are saying. My only question is what authority does a athletic commission have to "request" a test if a fighter is not licensed, requesting a license or have a bout agreement in their state?da Vinci 81 -steve sandstrom - I don't see how any athletic commission can force a non- licensed fighter to submit anything. Vitor didn't have a license either when they tested him, right? Seems like Nevada is over stepping here.They weren't forcing him to do anything. It was a request. Which wand denied. And as a result the AC is fully within their rights to deny him his request for a license.
That being said, Wand still looks bad.
I'm not so sure why so many people think getting a license to fight is a right. It's not, it's a privilege. I
Yeah, if their goal is to get rid of cheaters, then the way to do it is when the fighter is not expecting you...ala chael sonnen.
steve sandstrom -They don't need any authority to do so. It's a request, nothing more. Same as some jobs requesting a drivers abstract or that you submit to a drug test. There's no authority needed that I know of to make that request because that's all it is - a request. If you don't want to take it you don't have to but the employer still has every right not to hire you.zFugitive -I understand what both of you are saying. My only question is what authority does a athletic commission have to "request" a test if a fighter is not licensed, requesting a license or have a bout agreement in their state?da Vinci 81 -steve sandstrom - I don't see how any athletic commission can force a non- licensed fighter to submit anything. Vitor didn't have a license either when they tested him, right? Seems like Nevada is over stepping here.They weren't forcing him to do anything. It was a request. Which wand denied. And as a result the AC is fully within their rights to deny him his request for a license.
That being said, Wand still looks bad.
I'm not so sure why so many people think getting a license to fight is a right. It's not, it's a privilege. I
Yeah, if their goal is to get rid of cheaters, then the way to do it is when the fighter is not expecting you...ala chael sonnen.
da Vinci 81 -steve sandstrom -They don't need any authority to do so. It's a request, nothing more. Same as some jobs requesting a drivers abstract or that you submit to a drug test. There's no authority needed that I know of to make that request because that's all it is - a request. If you don't want to take it you don't have to but the employer still has every right not to hire you.zFugitive -I understand what both of you are saying. My only question is what authority does a athletic commission have to "request" a test if a fighter is not licensed, requesting a license or have a bout agreement in their state?da Vinci 81 -steve sandstrom - I don't see how any athletic commission can force a non- licensed fighter to submit anything. Vitor didn't have a license either when they tested him, right? Seems like Nevada is over stepping here.They weren't forcing him to do anything. It was a request. Which wand denied. And as a result the AC is fully within their rights to deny him his request for a license.
That being said, Wand still looks bad.
I'm not so sure why so many people think getting a license to fight is a right. It's not, it's a privilege. I
Yeah, if their goal is to get rid of cheaters, then the way to do it is when the fighter is not expecting you...ala chael sonnen.
Except in the two situations that you described, the person is being asked to take the test or supply documents because they are applying for something, ie. a job. That person has already submitted an application.
Wanderlei had not applied for anything, so they have no right to impose penalties on him for refusing to take the test.
Wriggling Grunion -And one of the requirements for this job (the NSAC) is random, out of competition drug testing - even before applying for it. No ones forcing wand to take this job but if he wants it he has to submit to their requirements.da Vinci 81 -steve sandstrom -They don't need any authority to do so. It's a request, nothing more. Same as some jobs requesting a drivers abstract or that you submit to a drug test. There's no authority needed that I know of to make that request because that's all it is - a request. If you don't want to take it you don't have to but the employer still has every right not to hire you.zFugitive -I understand what both of you are saying. My only question is what authority does a athletic commission have to "request" a test if a fighter is not licensed, requesting a license or have a bout agreement in their state?da Vinci 81 -steve sandstrom - I don't see how any athletic commission can force a non- licensed fighter to submit anything. Vitor didn't have a license either when they tested him, right? Seems like Nevada is over stepping here.They weren't forcing him to do anything. It was a request. Which wand denied. And as a result the AC is fully within their rights to deny him his request for a license.
That being said, Wand still looks bad.
I'm not so sure why so many people think getting a license to fight is a right. It's not, it's a privilege. I
Yeah, if their goal is to get rid of cheaters, then the way to do it is when the fighter is not expecting you...ala chael sonnen.
Except in the two situations that you described, the person is being asked to take the test or supply documents because they are applying for something, ie. a job. That person has already submitted an application.
Wanderlei had not applied for anything, so they have no right to impose penalties on him for refusing to take the test.
Wriggling Grunion -And admittance of purposely not taking a drug test because he was taking a banned substance. Will impact his future attempts to get a license. He may not have signed anything but the bout was scheduled for vegas pending him signing and public statements stating he intended to do so.catbath - Even though he wasn't licensed, his fight had been signed and promoted -- correct? Wand was on record as saying he was going to fight in Vegas, but was delaying the paperwork.
This is interesting legal territory. Not sure the NSAC shouldn't be able to "request" fighters test after announcing their intentions to fight and entering into legally binding contracts to do so. The only benefit in those cases are athletes breaking the rules and waiting for their systems to flush.
But I'm no legal expert and it's hard to deny we're in fairly new territory.
No, his fight had not been signed. How many times does that need to be pointed out? No bout agreement, no license, no application for a license.
All these things matter regardless if you, wand, his lawyer or anyone else thinks so or not. The NSAC has also stated it will randomly test any fighter licensed or not with results having an impact on current or future licenses.
As many have stated, a license to fight is a privilege not a right. The ufc will not schedule him if the NSAC bans/suspends him from applying until such ban/suspension is over.
They gotta nail him to the wall, come on NAC, and Dana!
Jesus you guys are pathetic.
Wriggling Grunion -catbath -Wriggling Grunion -I did miss that! I do t get here as often as I like. :)catbath - Even though he wasn't licensed, his fight had been signed and promoted -- correct? Wand was on record as saying he was going to fight in Vegas, but was delaying the paperwork.
This is interesting legal territory. Not sure the NSAC shouldn't be able to "request" fighters test after announcing their intentions to fight and entering into legally binding contracts to do so. The only benefit in those cases are athletes breaking the rules and waiting for their systems to flush.
But I'm no legal expert and it's hard to deny we're in fairly new territory.<br /> <p> <span class="User-295264" id="userPost50557698">No, his fight had not been signed. How many times does that need to be pointed out? No bout agreement, no license, no application for a license.</span></p> </blockquote> <span class="User-295264" id="userPost50557698">So, in signing on and negotiating a contract to be TUF Brazil -- a reality show designed completely around a showdown between Silva and Sonnen -- there was no language in the contract that discussed that fight? Maybe. I haven't seen it. But that sounds unlikely.<br /> <br /> My point was that, even if they hadn't started the official licensing process, these guys were on record stating they were going to fight. So they were combatants in training.<br /> <br /> But I'm looking to get in a semantics pissing match. Happy to wait and see how this all plays out and nothing surprises me, in terms of inconsistency. <img alt="Phone Post 3.0" border="0" src="/images/phone/apple.png" style="vertical-align:middle;" /></span></blockquote>
I'm guessing you missed the whole "Wanderlei won't sign the fight contract!" - Sonnen debacle that took place during the filming of the show. No bout agreement was signed.
Arguing about regulations/law is a semantics pissing match.
Pansat -fraz1001 - So Wandy thinks he doesn't need to get licensed by NSAC ever again to fight in UFC.......No, simply they had no right to request a test from him at that time. Not sure if that's the reality but if it is then the next time he goes to apply in Nevada he will have to hop through their hoops but this prior misunderstanding would have no effect on that.
I got news for you Wanderlei,uncle Dana ain't gonna play that game for you!
Didn't they try to test him at the same time they tested Chael? And they sure as hell threw the book at Chael...