Nevada § 432.015 - Issuance and enforcement of subpoenas for certain hearings

§ 432.015. Issuance and enforcement of subpoenas for certain hearings

1. The Department may issue a subpoena to compel the attendance of witnesses, the

giving of testimony and the production of books and papers at an administrative hearing

conducted pursuant to the provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be signed by the Director or a person designated by the Director

for this purpose. If a person fails to comply with a subpoena, the Department may apply to the district

court for enforcement of the subpoena. 2. The District Court in and for Carson City or the county in which a hearing is being

conducted for which such a subpoena was issued may, upon receipt of such an application,

compel the attendance of witnesses, the giving of testimony and the production of

books and papers as required by the subpoena. 3. In case of the refusal of any witness to attend or testify or produce any papers

required by the subpoena, the person holding the hearing may report to the district

court by petition, setting forth: (a) That due notice has been given of the time and place of attendance of the witness

or the production of the books and papers; (b) That the witness has been subpoenaed in accordance with this section; and (c) That the witness has failed or refused to attend or produce the papers required

by subpoena before the person holding the hearing named in the subpoena, or has refused

to answer questions propounded to the witness in the course of the hearing, and asking an order of the court compelling the witness to attend and testify or produce

the books or papers before the person. 4. The court, upon petition of the person holding the hearing, shall enter an order

directing the witness to appear before the court at a time and place to be fixed by

the court in the order, the time must not be more than 10 days after the date of the

order, and then and there show cause why the witness has not attended or testified

or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the person

holding the hearing, the court shall thereupon enter an order that the witness appear

before the person at the time and place fixed in the order and testify or produce

the required books or papers, and upon failure to obey the order, the witness must

be dealt with as for contempt of court.