Five months after a judge reversed Wanderlei Silva’s lifetime ban, he will go back before the Nevada State Athletic Commission during its Oct. 29 meeting.

“They’re going to impose new discipline based on the order,” Silva’s attorney, Ross Goodman, today told MMAjunkie.

A commission rep confirmed Silva’s hearing date, but could not provide details on the hearing. MMAjunkie was unable to reach NSAC Executive Director Bob Bennett or the commission’s legal representative, Nevada Deputy Attorney General Chris Eccles, for comment.

In May, Nevada district judge Kerry L. Earley said the commission’s lifetime ban was “arbitrary and capricious” and ordered it to issue a proper sanction.

Silva, 38, was banned by the NSAC after he ran from a commission-ordered drug test in connection with his scheduled fight with Chael Sonnen at UFC 175. He appealed the ruling on the basis that he wasn’t licensed at the time of the test and the commission didn’t have jurisdiction over him.

Silva (35-12-1 MMA, 5-7 UFC), who retired after the NSAC’s ban, has withdrawn an appeal filed this past month in Nevada Supreme Court. Goodman said he was informed that the appeal could not go forward until the NSAC re-rules on the fighter’s case.

“I just want to get (the hearing) done, so we can get (the appeal) back to the supreme court,” Goodman said.

Goodman said Silva will not be present at the Oct. 29 hearing.

“I’m not going to have him show up, because our whole position is that they don’t have jurisdiction over him anyway,” Goodman said. “I’m not going to do a Nick Diaz. There’s nothing to gain.”

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