NAC616C.284. Request for issuance of subpoena; approval or denial of request.

     1. A party who wishes a hearing or appeals officer to issue a subpoena requiring the attendance of a witness or the production of a book, account, paper, record, or other document must submit a request for a subpoena to the hearing or appeals officer:

     (a) At any prehearing conference held in the matter;

     (b) At least 10 days before the hearing; or

     (c) As otherwise allowed by the hearing or appeals officer.

     2. A request for a subpoena must:

     (a) Set forth the reason why the subpoena is necessary; and

     (b) Be accompanied by a completed form for the subpoena.

     3. The hearing or appeals officer shall:

     (a) Approve the request if it appears that the witness or document requested is relevant to the issues in the matter and the party requesting the subpoena is otherwise unable to compel the attendance of the witness or the production of the document.

     (b) Approve or deny the request for a subpoena within 5 days after the receipt of the request.

     4. Any subpoena for the production of a book, account, paper, record, or other document must include a notice of how the requested document can be provided without requiring the appearance of a person at the hearing.

     (Added to NAC by Hearings Div., eff. 5-23-96)