391.636 - State Board authorized to issue subpoenas during investigation or hearing concerning reprisal or retaliatory action; enforcement of subpoena by court.
391.636 State Board authorized to issue subpoenas during investigation or hearing concerning reprisal or retaliatory action; enforcement of subpoena by court.
1. During any stage of an investigation or hearing concerning allegations of reprisal or retaliatory action, the State Board may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, but not limited to, books, papers, documents, records, photographs, recordings, reports and tangible objects.
2. If a witness refuses to attend, testify or produce materials as required by the subpoena, the State Board may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the State Board pursuant to this section; and
(c) The witness has failed or refused to attend, testify or produce materials as required by the subpoena before the State Board, or has refused to answer questions propounded to him or her,
Ê and asking for an order of the court compelling the witness to attend, testify or produce materials before the State Board.
3. Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced materials before the State Board. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued by the State Board, the court shall enter an order that the witness appear before the State Board at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.
(Added to NRS by 2001, 1210)