Current through November 25, 2024
Section 624.7276 - Subpoenas: Application; issuance and service1. A party may apply to the Board for the issuance of a subpoena pursuant to NRS 624.170. An application for the issuance of a subpoena must: (a) Be submitted in writing;(b) Include a statement of the facts that demonstrate the reasons why the subpoena is necessary;(c) Identify with reasonable particularity the document, identity of the witness or other evidence sought by the subpoena;(d) Include an address of where the document, witness or other evidence sought may be located or any other information necessary for sufficient service of process; and(e) Be received by the Board at least 14 days before the hearing for which the subpoena is issued.2. The Board will issue a subpoena if the subpoena is reasonably calculated to lead to the presentation of admissible evidence in the contested case. An application for the issuance of a subpoena that does not meet the requirements of subsection 1 creates a rebuttable presumption that the subpoena is not reasonably calculated to lead to the presentation of admissible evidence. The presumption may be overcome if the party shows good cause for failing to meet the requirements of subsection 1. A hearing may not be continued solely for failure by a party to timely seek a subpoena or to serve a subpoena as required by this chapter or the Nevada Rules of Civil Procedure.3. If the Board issues a subpoena, the party who requests the subpoena shall: (a) Serve the subpoena in the manner prescribed by Rule 45 of the Nevada Rules of Civil Procedure;(b) Submit proof of such service with the Board before any evidence produced by the issuance of the subpoena is presented at the hearing; and(c) Pay the costs related to the issuance and service of the subpoena including, without limitation, witness fees as provided by NRS 50.255. The Board may require payment of its costs before the issuance of the subpoena.Nev. Admin. Code § 624.7276
Added to NAC by Contractors' Bd. by R014-02, eff. 7-2-2002; A by R014-19A, eff. 5/21/2020