Electronically Filed 04/16/2015 03:27:33 PM Ross C. Goodman, Esq. Nevada Bar No. 7722 Wien bh GOODMAN LAW GROUP A Professional Corporation 520 S. Fourth St., 2" Floor Las Vegas, Nevada 89101 Telephone: (702) 383-5088 Facsimile: (702) 385-5088 ail: ross(@goodmanlawgroup.com Attorneys for Petitioner, Wanderlei Silva CLERK OF THE COURT DISTRICT COURT CLARK COUNTY, NEVADA WANDERLEI SILVA, Case No. A-14-710453-J Dept. No.: IV Petitioner, vs, BOB BENNETT, Executive Director for the Athletic Commission of the Department of Business and Industry, State of Nevada; and NEVADA STATE ATHLETIC COMMISSION, Respondents, PETITIONER’S MEMORANDUM OF POINTS AND AUTHORITIESTABLE OF CONTENTS Table of Authorities. Memorandum of Points and Authorities. 1 1. Introduction, II, Statement of Facts. Mi = Eerors Under Review settee ttt 1, The NSAC exceeded its jurisdiction by taking disciplinary action against Petitioner who was not licensed by the agency............5 2. The NSAC committed legal error by violating the licensing requirement clearly and unambiguously set forth in NAC 467.850 and NAC 467.922(1)... 3. The NSAC’s disparate treatment of Petitioner by imposing a career ending sanction for a first offense in 20 years compared to the regularly imposed 9-12 month suspensions, was clearly erroneous, arbitrary or capricious; and 5 4. The NSAC arbitrarily fined Petitioner based on an imaginary purse amounted to pure speculation especially given that he had not signed a contract to compete in a future UFC event. IV. Legal Argument. 5 A, Legal Standards... B. There is No Deference to Agency Decisions Which Do Not Comply with the Law. 6 C. Administrative Agencies Cannot Enlarge Their Own Jurisdiction 7 i, NSAC’s Jutisdiction is Limited to “Issuing and Revoking Licenses”... D. Only People Licensed by the Agency are Subject to Disci Action... an Sn nnEEnIEn i. A Non-Licensed Person Cannot be Disciplined for a NAC 476.850 Violation 8 ii, NAC 467.922 Expressly Limits NSAC’s Jurisdiction to Institute Disciplinary Proceedings to a i“Person Who is Licensed”. E, The NSAC Retaliated Against Pet Ending Sanction Based on aS ingle Violation V. Conclusion. Cettificate of Compliance. Certificate of Service........ 9 9