Nev. Admin. Code § 598.146

Current through November 8, 2024

Section 598.146 - Subpoenas; fees and expenses of witnesses

1. Before a hearing, or during a hearing if good cause is shown, the Commissioner, hearing officer or the Attorney General may issue subpoenas and subpoenas duces tecum.

2. The Commissioner or hearing officer may issue subpoenas and subpoenas duces tecum at the written request of a party.

3. Subpoenas may only be issued to require the attendance of a witness at a place in this state that has been designated as a place to give oral testimony before the hearing officer.

4. Subpoenas must not be issued in blank.

5. A request for the issuance of a subpoena submitted for issuance must contain:

(a) The title and identifying number of the case;

(b) The name of the person to whom it will be directed;

(c) The date, time and place of the hearing; and

(d) The name and signature of the requesting party or his or her attorney.

6. In addition to the requirements listed in subsection 5, a subpoena duces tecum must also contain a complete description of specific documents or other tangible things that the witness will be required to produce at the hearing.

7. A subpoena must not be issued if the request is untimely, or the evidence to be offered is not material or relevant to the determination of the issues before the hearing officer.

8. If the request for a subpoena is granted, the subpoena must be issued within 5 business days after the date on which it was requested. If a request for the issuance of a subpoena is denied, the Commissioner or hearing officer will notify the requesting party in writing, as soon as practicable, of the reasons for the denial.

9. A witness appearing or testifying on behalf of the Unit or Attorney General, whether or not pursuant to a subpoena, other than a party or an officer or employee of the State of Nevada testifying during his or her regular hours for work, is entitled to receive the same fees and expenses as are provided for witnesses pursuant to NRS 50.225.

10. A party requesting the issuance of a subpoena shall pay for the service of the subpoena and the fees and expenses of the witness.

Nev. Admin. Code § 598.146

Added to NAC by Comm'r of Consumer Affairs by R122-98, eff. 2-23-99; A by R058-22A, eff. 6/4/2024

NRS 598.0967, 598.506, 598.525, 598.854, 598.9474