NAC720.830. Investigatory authority of Secretary of State.  


Latest version.
  •      1. The Secretary of State may conduct any investigation, whether within or outside of this State, as he or she determines is necessary to ascertain whether a person has violated or is about to violate this chapter or chapter 720 of NRS, or to aid in the enforcement of this chapter or chapter 720 of NRS.

         2. To carry out subsection 1, the Secretary of State or any employee designated by the Secretary of State may conduct hearings, administer oaths and affirmations, render findings of fact and conclusions of law, subpoena witnesses, compel their attendance, take evidence and require the production, by subpoena or otherwise, of books, papers, correspondence, memoranda, agreements or other documents or records which the Secretary of State determines to be relevant or material to the investigation. A person whom the Secretary of State does not consider to be the subject of an investigation is entitled to reimbursement at the rate of 25 cents per page for copies of documents which he or she is required by subpoena to produce. The Secretary of State may require or permit a person to file a statement, under oath or otherwise as the Secretary of State determines, as to the facts and circumstances concerning the matter to be investigated.

         3. If the activities constituting an alleged violation for which the information is sought would be a violation of this chapter or chapter 720 of NRS had the activities occurred in this State, the Secretary of State may issue and apply to enforce subpoenas in this State at the request of a comparable licensing agency of another state.

         4. If a person does not testify or produce any documents as required by a subpoena issued pursuant to this section, the Secretary of State may apply to the court for an order compelling compliance. A request for such an order may be addressed to:

         (a) The district court in and for the county where service may be obtained on the person refusing to testify or produce, if the person is subject to service of process in this State; or

         (b) A court of another state having jurisdiction over the person refusing to testify or produce, if the person is not subject to service of process in this State.

         5. Not later than the time the Secretary of State requests an order for compliance, he or she shall:

         (a) Send notice of the request by certified mail, return receipt requested, to the respondent at the last known address of the respondent; or

         (b) Take other steps reasonably calculated to give the respondent actual notice.

     (Added to NAC by Sec’y of State by R155-98, eff. 12-2-99)