Senate Bill No. 148-Committee on Government Affairs
(On Behalf of the Department of Human Resources)
February 20, 1997
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Referred to Committee on Government Affairs
SUMMARY--Authorizes department of human resources and department of education to issue subpoenas to compel attendance of witnesses at certain administrative hearings. (BDR 18-591)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to administrative process; authorizing the department of human resources and the department of education to issue subpoenas to compel the attendance of witnesses at hearings that are conducted pursuant to certain federal programs; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
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 that is conducted pursuant to a federal program which is administered by the department. Such 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 and 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 him 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 he 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.
Sec. 2 NRS 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to 232.465, inclusive, and section 1 of this act, unless the context requires otherwise:
1. "Department" means the department of human resources.
2. "Director" means the director of the department.
Sec. 3 Chapter 385 of NRS is hereby amended by adding thereto a new section to read as follows:
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 that is conducted pursuant to a federal program which is administered by the department. Such subpoena must be signed by the superintendent of public instruction or a person designated by the superintendent 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 and 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 him 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 he 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.
Sec. 4 This act becomes effective upon passage and approval.