§ 616D.610 — Inspection of employer’s books, records and payroll by Attorney General; subpoena; court order; penalty

Nevada § 616D.610

• Jurisdiction: Nevada
• Title 53: LABOR AND INDUSTRIAL RELATIONS
• Ch. 616D: Industrial

Text

1. The books, records and payrolls of an employer pertinent to the investigation of a violation of any of the provisions of NRS 616D.200 , 616D.220 , 616D.240 , 616D.300 , 616D.310 or 616D.350 to 616D.440 , inclusive, or any fraud in the administration of this chapter or chapter 616A , 616B , 616C or 617 of NRS or in the provision of benefits for industrial insurance, must always be open to inspection by an investigator for the Attorney General for the purpose of ascertaining the correctness of such information and as may be necessary for the Attorney General to carry out his or her duties pursuant to NRS 228.420 . If the books, records or payrolls are located outside this State, the employer shall make any records requested pursuant to this section available in this State for inspection within 10 working days after the request.
2. If an employer refuses to produce any book, record, payroll report or other document in conjunction with an investigation conducted by the Fraud Control Unit for Industrial Insurance, the Attorney General may issue a subpoena to require the production of that document.
3. If an employer refuses to produce any document as required by the subpoena, the Attorney General may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of the production of the document;
(b) The employer has been subpoenaed by the Attorney General pursuant to this section; and
(c) The employer has failed or refused to produce the document required by the subpoena,
Ê and asking for an order of the court compelling the employer to produce the document.
4. Upon such petition, the court shall enter an order directing the employer 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 to show cause why the employer has not produced the document. A certified copy of the order must be served upon the employer.
5. If it appears to the court that the subpoena was regularly issued by the Attorney General, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court.

Legislative History

(Added to NRS by 1993, 684 ; A 1995, 1876 ; 2011, 843 )