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,
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)—(Substituted in revision for NRS 391.636)
Structure Nevada Revised Statutes
Chapter 390 - Testing of Pupils and Graduation
NRS 390.065 - Disclosure of questions and answers prohibited; exceptions.
NRS 390.105 - Administration of criterion-referenced examinations.
NRS 390.255 - "Irregularity in testing administration" defined.
NRS 390.260 - "Irregularity in testing security" defined.
NRS 390.265 - "School official" defined.
NRS 390.355 - "Assessment" defined.
NRS 390.360 - "Examination" defined.
NRS 390.365 - "Irregularity in testing administration" defined.
NRS 390.370 - "Irregularity in testing security" defined.
NRS 390.375 - "Reprisal or retaliatory action" defined.
NRS 390.380 - "School official" defined.
NRS 390.430 - Provisions do not abrogate or decrease effect of crimes or punishments.
NRS 390.700 - Regulations relating to end-of-course finals.
NRS 390.800 - Limitation on administration; periodic review.
NRS 390.803 - Review of examinations and assessments by Department. [Effective January 1, 2022.]