Nevada Code § 390.280

Violation of state or district plan: Duty of Department to investigate; authority of Department to issue subpoenas; enforcement of subpoena by court
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1. If the Department:
(a) Has reason to believe that a violation of the
plan adopted pursuant to NRS 390.270 may
have occurred;
(b) Has reason to believe that a violation of the
plan adopted pursuant to NRS 390.275 may
have occurred with respect to an examination that is administered pursuant to NRS 390.105 or the college and career
readiness assessment administered pursuant to NRS
390.610 ; or
(c) Receives a request pursuant to subparagraph
(2) of paragraph (b) of subsection 1 of NRS
390.285 to investigate a potential violation of the plan adopted pursuant
to NRS 390.275 with respect to an
examination that is administered pursuant to NRS
390.105 or the college and career readiness assessment administered pursuant
to NRS 390.610 ,
the
Department shall investigate the matter as it deems appropriate.
2. If the Department investigates a matter
pursuant to subsection 1, the Department may issue a subpoena to compel the
attendance or testimony of a witness or the production of any relevant
materials, including, without limitation, books, papers, documents, records,
photographs, recordings, reports and tangible objects.
3. If a witness refuses to attend, testify
or produce materials as required by the subpoena, the Department may report to
the district court by petition, setting forth that:
(a) Due notice has been given of the time and
place of attendance or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the
Department pursuant to this section; and
(c) The witness has failed or refused to attend,
testify or produce materials before the Department as required by the subpoena,
or has refused to answer questions propounded to him or her,
and asking
for an order of the court compelling the witness to attend, testify or produce
materials before the Department.
4. Upon receipt of such a petition, the
court shall enter an order directing the witness to appear before the court at
a time and place to be fixed by the court in its order, the time to be not more
than 10 days after the date of the order, and then and there show cause why the
witness has not attended, testified or produced materials before the
Department. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the
subpoena was regularly issued by the Department, the court shall enter an order
that the witness appear before the Department at a time and place fixed in the
order and testify or produce materials, and that upon failure to obey the order
the witness must be dealt with as for contempt of court.

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