1. The Chair and Vice Chair of the Commission may administer oaths.
2. The Commission, upon majority vote, may issue a subpoena to compel the attendance of a witness and the production of any books and papers for any hearing before the Commission.
3. Upon the request of the Executive Director, the Chair or, in the Chair’s absence, the Vice Chair, may issue a subpoena to compel the participation of a potential witness and the production of any books and papers during the course of any investigation.
4. Upon the request of the Executive Director or the public officer or employee who is the subject of an ethics complaint, the Chair or, in the Chair’s absence, the Vice Chair, may issue a subpoena to compel the attendance of a witness and the production of any books and papers for any hearing before the Commission. A public officer or employee who requests the issuance of a subpoena pursuant to this subsection must serve the subpoena in the manner provided in the Nevada Rules of Civil Procedure for service of subpoenas in a civil action and must pay the costs of such service.
5. Before issuing a subpoena to a public officer or employee who is the subject of an ethics complaint to compel his or her participation in any investigation, his or her attendance as a witness or his or her production of any books and papers, the Executive Director shall submit a written request to the public officer or employee requesting:
(a) The voluntary participation of the public officer or employee in the investigation;
(b) The voluntary attendance of the public officer or employee as a witness; or
(c) The voluntary production by the public officer or employee of any books and papers relating to the ethics complaint.
6. Each written request submitted by the Executive Director pursuant to subsection 5 must specify the time and place for the voluntary participation of the public officer or employee in the investigation, attendance of the public officer or employee as a witness or production of any books and papers, and designate with certainty the books and papers requested, if any.
7. If the public officer or employee fails or refuses to respond to the Executive Director’s written request pursuant to subsection 5 to voluntarily participate or attend at the time and place specified or produce the books and papers requested by the Executive Director within 5 business days after receipt of the written request, the Chair or, in the Chair’s absence, the Vice Chair, may issue the subpoena. Failure of the public officer or employee to comply with the written request of the Executive Director shall be deemed a waiver by the public officer or employee of the time limits set forth in NRS 281A.700 to 281A.790, inclusive, that apply to proceedings concerning the ethics complaint.
8. If any witness fails or refuses to participate, attend, testify or produce any books and papers as required by the subpoena, the Chair or, in the Chair’s absence, the Vice Chair, may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of the participation or attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed pursuant to this section; and
(c) The witness has failed or refused to participate, attend, testify or produce the books and papers as required by the subpoena, or has failed or refused to answer questions propounded to the witness,
and asking for an order of the court compelling the witness to participate, attend, testify or produce the books and papers as required by the subpoena.
9. Upon 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 participated, attended, testified or produced the books or papers as required by the subpoena. A certified copy of the order must be served upon the witness.
10. If it appears to the court that the subpoena was regularly issued pursuant to this section, the court shall enter an order that the witness comply with the subpoena, at the time and place fixed in the order, and participate, attend, testify or produce the required books and papers. Upon failure to obey the order, the witness must be dealt with as for contempt of court.
(Added to NRS by 1991, 1591; A 1997, 257; 1999, 2733; 2003, 3387; 2005, 2279; 2009, 1052; 2013, 3769; 2017, 2492)