Nev. Admin. Code § 618.791 - Subpoenas

Current through October 13, 2021

1. The Chair of the Board or any member of the Board shall, on the application of any party directed to the Board, request the Chief to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including relevant books, records, correspondence or documents. An application, if filed after the notice of appeal or contest is sent to the Board, must be filed with the Board. An application for a subpoena may be made ex parte. The subpoena must show on its face the name and address of the party at whose request the subpoena was issued.
2. If the person served with a subpoena does not intend to comply with the subpoena, the person shall, within 5 days after the date of service, move in writing to revoke or modify the subpoena. All motions to revoke or modify a subpoena must be served on the party at whose request the subpoena was issued.
3. The Chair of the Board may revoke or modify the subpoena if:
(a) The evidence whose production is required does not relate to any matter under investigation or in question in the proceedings;
(b) The subpoena does not describe with sufficient particularity the evidence whose production is required; or
(c) For any other reason sufficient in law, the subpoena is otherwise invalid.

The Chair shall state his or her reasons for the ruling on the motion to revoke or modify. The motion to revoke or modify, any answer filed to the motion, and any ruling on the motion are a part of the record.

4. Persons compelled to submit data or evidence at a public proceeding are entitled to retain, or on payment of lawfully prescribed costs, to procure, copies of transcripts of the data or evidence submitted by them.
5. Upon the failure of any person to comply with a subpoena issued upon the request of a party, the Board will request that the Chief initiate proceedings in the appropriate district court for the enforcement of the subpoena.

Notes

Nev. Admin. Code § 618.791
Dep't of Occupational Safety & Health, Rule No. 55, eff. 11-9-73-NAC A by Occupational Safety & Health Review Bd., 2-19-87

NRS 618.295, 618.585

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