1. The Department may issue a subpoena to compel the attendance of witnesses, the giving of testimony and the production of books and papers at an administrative hearing conducted pursuant to the provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be signed by the Director or a person designated by the Director for this purpose. If a person fails to comply with a subpoena, the Department may apply to the district court for enforcement of the subpoena.
2. The District Court in and for Carson City or the county in which a hearing is being conducted for which such a subpoena was issued may, upon receipt of such an application, compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by the subpoena.
3. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the person holding the hearing may report to the district court by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in accordance with this section; and
(c) That the witness has failed or refused to attend or produce the papers required by subpoena before the person holding the hearing named in the subpoena, or has refused to answer questions propounded to the witness in the course of the hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the person.
4. The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time must not be more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.
(Added to NRS by 2005, 22nd Special Session, 42)
Structure Nevada Revised Statutes
Chapter 432 - Public Services for Children
NRS 432.011 - Division: Purposes; duties.
NRS 432.0115 - Division: Composition.
NRS 432.012 - Appointment and qualifications of Administrator of Division.
NRS 432.0135 - Duties of chiefs of bureaus of Division; restrictions on other employment.
NRS 432.014 - Fees for services rendered through programs of Division.
NRS 432.015 - Issuance and enforcement of subpoenas for certain hearings.
NRS 432.016 - Nevada Children’s Gift Account.
NRS 432.0165 - Nevada Children’s Gift Revolving Account.
NRS 432.017 - Account to Assist Persons Formerly in Foster Care; regulations.
NRS 432.020 - Duties of agencies which provide child welfare services.
NRS 432.025 - Limitations on use of federal payments for maintenance of children in foster care.
NRS 432.0305 - Duties of Department.
NRS 432.033 - Division authorized to prescribe forms for reports and records.
NRS 432.040 - State participation in payment of expenses of maintenance and special services.
NRS 432.050 - State Child Welfare Services Account.
NRS 432.080 - Administrative expenses of Division.
NRS 432.091 - Provisions inapplicable to Program for Child Care and Development.
NRS 432.098 - "Abuse or neglect of a child" defined.
NRS 432.0999 - "Central Registry" defined.
NRS 432.110 - Maintenance of records concerning request or receipt of information.
NRS 432.120 - Release of information; deletion of information; regulations.
NRS 432.130 - Unlawful release of data or information; penalty.
NRS 432.131 - Creation; uses; interest and income to remain in Account; nonreversion.
NRS 432.153 - Legislative intent.
NRS 432.154 - Account for License Plates for Support of Missing or Exploited Children.
NRS 432.155 - Priority for cases concerning abducted children.
NRS 432.185 - Duty of law enforcement agency to act promptly in obtaining certain warrants.
NRS 432.305 - "Account" defined.
NRS 432.310 - "Broadcaster" defined.
NRS 432.320 - "Committee" defined.
NRS 432.330 - "System" defined.
NRS 432.335 - Account for the Statewide Alert System for the Safe Return of Abducted Children.
NRS 432.340 - Creation; composition; administration; requirements for participation in System.
NRS 432.360 - Committee for the Statewide Alert System: Duties; powers.
NRS 432.400 - "Disaster" defined.
NRS 432.505 - "Foster home" defined.
NRS 432.510 - "Group foster home" defined.
NRS 432.515 - "Provider of foster care" defined.
NRS 432.520 - Policy of State.
NRS 432.525 - Rights generally.
NRS 432.530 - Rights with respect to placement of child.
NRS 432.535 - Rights with respect to education and vocational training of child.
NRS 432.540 - Manner in which child is to be made aware of rights and process for filing grievance.