439B.230 - Investigations and hearings: Depositions; subpoenas.

439B.230  Investigations and hearings: Depositions; subpoenas.

      1.  In conducting the investigations and hearings of the Committee:

      (a) The Secretary of the Committee, or in the absence of the Secretary any member of the Committee, may administer oaths.

      (b) The Secretary or Chair of the Committee may cause the deposition of witnesses, residing either within or outside of the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      (c) The Chair of the Committee may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the Chair of the Committee may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Committee pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Committee which is named in the subpoena, 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 and testify or produce the books and papers before the Committee.

      3.  Upon such 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 from the date of the order, and to show cause why the witness has not attended or testified or produced the books or papers before the Committee. 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 Committee, the court shall enter an order that the witness appear before the Committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

      (Added to NRS by 1987, 866; A 1987, 1630)

      NRS 439B.240  Investigations and hearings: Fees and mileage for witnesses.  Each witness who appears before the Committee by its order, except a state officer or employee, is entitled to receive for his or her attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this state. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Secretary and Chair of the Committee.

      (Added to NRS by 1987, 866)