Originally Posted by Canadian Psycho
Jurisdiction, is it? That's an interesting argument.
Anyone know a bit more about testing? Is there a period for testing that ought to have been abided by, or is random testing entirely legit?
I just did a bit of reading of the NAC regulations for the fun of it regarding this case and wondering what the NAC can do with an unlicensed fighter (thankfully it's a hell of a lot easier to read than the usual legal-speak regulations). Fortunately for Overeem I don't think he is going with the jurisdiction argument anymore. Important to remember (IIRC) they had an agreement to randomly test Overeem two times in a six month period when granting his temporary license.
From what I've read, there are two parts that are relevant to Overeem's case, being an unlicensed fighter and being a fighter with an expired license.
Regarding the second part, being a fighter with an expired license:
NAC 467.089 Effect of expiration of license on jurisdiction of Commission. (NRS 467.030) The expiration of a license does not deprive the Commission of jurisdiction to:
1. Proceed with an investigation of the licensee;
2. Proceed with an action or disciplinary proceeding against the licensee;
3. Render a decision to suspend or revoke the license; or
4. Otherwise discipline the licensee.
As they had an agreement to randomly test Overeem, I would say they were within their rights to continue with this even after the license expired. Maybe for convenience, as the high T/E ratio was found after the fight, they don't take retrospective action on his expired license. However, as a now unlicensed fighter, they have the following guidelines:
NAC 467.082 Grounds for denial of application for license. (NRS 467.030, 467.080, 467.100) 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 basically if Overeem has performed any act that would get a licensed fighter disciplined, the NAC can deny his application. These acts include (of course) the use of any drugs banned by the world anti-doping agency, as well as if he "Failed or refused to comply with a valid order of a representative of the Commission". So he couldn't have simply refused to participate in the random drug test, if they had an agreement to when providing the license original license.
Finally, if they do refuse his license application, he cannot re-apply for 1 year as a standard rule, unless the NAC specifically state otherwise when they deny the license.