Nev. Admin. Code § 453A.Sec. 134

Current through December 12, 2024
Section 453A.Sec. 134 - NEW
1. Except as otherwise provided in this subsection, the Department may issue a subpoena requiring the production of books and papers or the attendance of a witness from any place in the State to the place designated for a hearing for the purpose of taking testimony before the hearing officer. Such a subpoena must not compel the production of books or papers that contain individually identifiable health information.
2. A party desiring the Department to issue a subpoena must submit an application in writing to the hearing officer stating the reasons why a subpoena is requested.
3. The hearing officer may require that a subpoena requested by a party for the production of books, waybills, papers, accounts or other documents be issued only after the submission of an application in writing, which specifies as clearly as may be, the books, waybills, papers, accounts or other documents desired.
4. The hearing officer, upon receipt of an application for a subpoena, shall:
(a) Grant the application and issue the subpoena;
(b) Deny the application; or
(c) Schedule a hearing to decide whether to grant or deny the application.
5. All costs incident to a subpoena issued at the request of a person that was served a notice or order of summary suspension must be paid by the person, and the hearing officer may demand payment of the costs before the issuance of a subpoena.

Nev. Admin. Code § 453A.Sec. 134

Added to NAC by Div. of Pub. & Behavioral Health by R092-17AP, eff. 2/27/2018
NRS 453D.200