1. The Division or a hearing officer may, with the approval of the Board, issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients and any other article related to the practice of applied behavior analysis.
2. If any witness refuses to attend or testify or produce any article as required by the subpoena, the Division may, with the approval of the Board, file a petition with the district court stating that:
(a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;
(b) The witness has been subpoenaed pursuant to this section; and
(c) The witness has failed or refused to attend or produce the articles 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 and testify before the Division or a hearing officer, or produce the articles as required by the subpoena.
3. 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 attended or testified or produced the articles. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the Division or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.
(Added to NRS by 2017, 4232; A 2019, 2547)
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