NRS389.624. Violation of state or district plan: Duty of Department to investigate; authority of Department to issue subpoenas; enforcement of subpoena by court.

      1.  If the Department:

      (a) Has reason to believe that a violation of the plan adopted pursuant to NRS 389.616 may have occurred;

      (b) Has reason to believe that a violation of the plan adopted pursuant to NRS 389.620 may have occurred with respect to an examination that is administered pursuant to NRS 389.550 or 389.805 or the college and career readiness assessment administered pursuant to NRS 389.807; or

      (c) Receives a request pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 389.628 to investigate a potential violation of the plan adopted pursuant to NRS 389.620 with respect to an examination that is administered pursuant to NRS 389.550 or 389.805 or the college and career readiness assessment administered pursuant to NRS 389.807,

Ê 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,

Ê 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.

      (Added to NRS by 2001, 1198; A 2013, 3275)