Nevada attorney general Catherine Cortez Masto, responded to the Diaz lawsuit with a letter written to Ross C. Goodman mmafighting.com
“No Notice of Summary Suspension was ever served on your client. 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.
The letter effectively indicates that because Diaz was not given a “summary suspension,” his case does not fall under Nevada code NRS 233B.127, which requires a hearing within 45 days. A separate code, NRS 467.117, indicates that the commission can ” continue the suspension until it makes a final determination of any disciplinary action to be taken against the licensee or holder of the permit.”
The letter also indicates that the NSAC delay in scheduling Diaz’s hearing was partially his fault, caused while waiting for him to produce his medical marijuana card.
“I’ve waited for more than a month for the card,”