NAC361.712. Subpoenas.

     1. Subject to the restrictions imposed by NRS 360.240, the Secretary may, on his or her own initiative or at the request of a party, issue a subpoena requiring the attendance of a witness for the purpose of taking the testimony of the witness orally before the State Board or compelling the production of books, papers or other documents.

     2. A petitioner or respondent desiring a subpoena must submit an application in writing to the Secretary stating the reasons why the subpoena is requested. If the application is for a subpoena for the production of books, papers or other documents, the application must identify, as clearly as may be, the books, papers or other documents desired.

     3. The application must be filed with the Secretary and served on all parties at least 20 days before the date established for the hearing.

     4. The Secretary, not later than 5 days after he or she receives an application for a subpoena, shall:

     (a) Grant the application and issue the subpoena;

     (b) Modify the application and issue the subpoena; or

     (c) Deny the application.

     5. The person to whom the subpoena is directed may request in writing that the Secretary modify or quash the subpoena. The Secretary shall grant this request if he or she determines that the subpoena is unreasonable or oppressive.

     6. If the Secretary issues a subpoena at the request of a party, the party must arrange for service of the subpoena and bear the expense of such service.

     7. If the Secretary denies the request of a party for a subpoena, the party may appeal the denial to the State Board.

     [St. Bd. of Equalization, Practice Rule 23, eff. 12-9-77]—(NAC A by R029-05, 6-28-2006)