388.509 - Hearings conducted pursuant to Individuals with Disabilities Education Act: Authority of Department to issue subpoenas; enforcement of subpoena by court.
388.509 Hearings conducted pursuant to Individuals with Disabilities Education Act: Authority of Department to issue subpoenas; enforcement of subpoena by court.
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 Superintendent of Public Instruction or a person designated by the Superintendent 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 and 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 him or her in the course of the hearing,
Ê 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.
(Added to NRS by 1997, 2526)