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Rule Title: Attendance of witnesses at hearing; contempt; compensation

Agency
Nevada Revised Statutes
Affected Area
Agency-Wide Provisions
Regulation
Nrs, Title 40, Public Health And Safety, Air Pollution: Local Hearing Board
Rule #
445B.280
Adoption Date
01/12/2006
Submittal Date
01/12/2006
Final Federal Register Date
08/31/2006
Federal Register Citation #
71 FR 51766

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NDEP statutes tsd (doc, 45 KB)
NRS Title 40 Air Pollution (pdf, 2433 KB)

NRS 445B.280 Attendance of witnesses at hearing; contempt; compensation. 1. The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the chairman of the hearing. 2. In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena the chairman may report to the district court in and for the county in which the hearing is held, by petition setting forth: (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers; (b) That the witness has been subpoenaed in the manner prescribed in NRS 445B.100 to 445B.640, inclusive; and (c) That the witness has failed and refused to attend or produce the papers required by subpoena in the hearing named in the subpoena, or has refused to answer questions propounded to him in the course of such hearing, 􀂬and asking an order of the court compelling the witness to attend and testify or produce the books or papers in the hearing. 3. The court, upon petition of the chairman, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers in the hearing. A certified copy of the order shall be served upon the witness. If it Proposed Nevada Revised Statutes ASIP, submitted to U.S. EPA February 2005 4 appears to the court that the subpoena was regularly issued by the chairman, the court shall thereupon enter an order that the witness appear in the hearing at the time and place fixed in the order and testify or produce the required books or papers, and upon a failure to obey the order the witness shall be dealt with as for contempt of court. 4. Witnesses may be compensated in the amounts provided in NRS 50.225. (Added to NRS by 1971, 1195; A 1973, 1816)—(Substituted in revision for NRS 445.486)

This SIP Citation Was Last Modified on October 8, 2014. EPA has attempted to assure that the action logs accurately reflect the actions published in the Federal Register. If there are discrepancies, however, the Federal Register is the official record. Send State Implementation Plan comments and questions to wilder.ceciley@epa.gov.

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