1. The Department may examine the records of any person operating or receiving royalties from any extractive operation in this state. The records are subject to examination at all times by the Department or its authorized agents and must remain available for examination for a period of 4 years from the date of any entry therein.
2. If any person whose gross yield from an extractive operation as reported to the Department for any annual reporting period during the 4 years immediately preceding the examination was $100,000 or more keeps his or her books and records pertaining to that operation or royalties outside this state, the person shall pay an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which an examiner is actually engaged in examining the books, plus the actual expenses of that examiner during the time he or she is absent from Carson City, Nevada, for the purpose of making the examination, but the time must not exceed 1 day going to and 1 day coming from the place of examination. No more than one examination may be charged against a person in any 1 fiscal year.
3. The Department may hold hearings and summon and subpoena witnesses to appear and testify upon any subject material to the determination of the net proceeds of minerals extracted. The hearings may be held at any place the Department designates, after not less than 10 days’ notice of the time and place of the hearing given in writing to the owner or operator of the mine. The owner or operator is entitled, on request made to the Executive Director, to the issuance of the Department’s subpoena requiring witnesses in behalf of the owner or operator to appear and testify at such hearing.
4. The failure of a witness to obey the subpoena of the Department subjects the witness to the same penalties prescribed by law for failure to obey a subpoena of a district court.
[9:77:1927; NCL § 6586]—(NRS A 1975, 318, 1679; 1977, 1052; 1985, 1438; 1989, 40; 2013, 3133)
Structure Nevada Revised Statutes
Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals
NRS 362.030 - County assessor to assess surface of patented mines and mining claims; exceptions.
NRS 362.040 - Exclusion of assessment from roll.
NRS 362.060 - Who may make affidavit.
NRS 362.070 - Contiguous patented mines or mining claims: Performance of work on one mine.
NRS 362.090 - One affidavit may be recorded for labor on several patented mines or mining claims.
NRS 362.105 - "Royalty" defined.
NRS 362.110 - Annual statement of gross yield and claimed net proceeds; annual list of lessees.
NRS 362.120 - Computation of gross yield and net proceeds; required reports.
NRS 362.140 - Rate of tax upon net proceeds.
NRS 362.150 - Liens for taxes on proceeds of minerals.
NRS 362.200 - Powers of Department: Examination of records; hearings.