Committee Oversight Authority

“Scope of Investigatory Power…

“NRS 218E.010  ’Committee’ defined.

1. “‘Committee’ means:
   • “(a) Any committee of either House;
   • “(b) Any joint committee of both Houses; or
   • “(c) Any other committee or commission created or authorized by the Legislature to conduct or perform legislative business at the direction of or on behalf of the Legislature.
2. “The term includes, without limitation, a subcommittee…

“NRS 218E.012  ’Documentary evidence’ defined.  ‘Documentary evidence’ means any account, book, correspondence, file, message, paper, record or other type of document in any form, including, without limitation, in any written, audio, visual, digital or electronic form…

“NRS 218E.015  Power of Houses and committees to conduct investigations and hold hearings.  The Assembly, the Senate and committees may conduct investigations and hold hearings regarding any matter which is pertinent to their legislative business or possible future legislative action…

“Subpoenas; Oaths; Contempt

“NRS 218E.030  Power to issue subpoenas; exceptions.

1. “The Assembly, the Senate and committees, pursuant to their investigative powers, may issue legislative subpoenas to compel the attendance and testimony of witnesses and the production of documentary evidence that is pertinent to their legislative business or possible future legislative action.
2. “Legislative subpoenas may be issued by the President of the Senate, the Speaker of the Assembly, or the chair of a committee in accordance with the rules governing the committee.
3. “Except in cases of impeachment or removal as provided by Article 7 of the Constitution of the State of Nevada, a legislative subpoena must not be issued to:
   • “(a) The Governor or any of the Governor’s immediate staff.
   • “(b) Any justice of the Supreme Court, judge of the Court of Appeals or judge of a district court…

“NRS 218E.035  Contents and service of subpoenas; legal force and effect.

1. “To be properly issued, a legislative subpoena must:
   • “(a) Be addressed to the witness;
   • “(b) Describe the nature of the legislative proceedings for which the legislative subpoena is being issued;
   • “(c) Require the attendance and testimony of the witness at a definite time and place fixed in the legislative subpoena or require the production of the documentary evidence at a definite time and place fixed in the legislative subpoena, or both;
   • “(d) State particular reasons why the attendance and testimony of the witness or the production of the documentary evidence is pertinent to legislative business or possible future legislative action; and
   • “(e) Be signed, as applicable, by the President of the Senate, the Speaker of the Assembly or the chair of the committee who issued the legislative subpoena.
2. “A legislative subpoena may be served by any person who is 18 years of age or older.
3. “If a legislative subpoena is properly issued to and served on a witness pursuant to this section:
   • “(a) The legislative subpoena has the same legal force and effect as a subpoena or order issued by the district court; and
   • “(b) The witness shall comply with the provisions of the legislative subpoena in the same manner as a subpoena or order issued by the district court…

“NRS 218E.040  Administration of oaths.  The following persons may administer oaths to witnesses who appear before the Senate, the Assembly or a committee:

1. “The President of the Senate, the Secretary of the Senate or any member of the Senate.
2. “The Chief Clerk of the Assembly or any member of the Assembly.
3. “The secretary of the committee or any member of the committee…

“NRS 218E.045  Conduct constituting contempt; enforcement proceedings before district court.

1. “If a legislative subpoena is properly issued to and served on a witness, the witness commits contempt if the witness, without a reason recognized by law:
   • “(a) Neglects or refuses to comply with the provisions of the legislative subpoena;
   • “(b) Neglects or refuses to be sworn or to affirm before testifying or neglects or refuses to testify as to any relevant matter; or
   • “(c) Neglects or refuses to produce any relevant documentary evidence in the possession or under the control of the witness.
2. “In addition to any other remedies or penalties provided by law, if a witness commits contempt, the district court of any county shall, on application of the President of the Senate, the Speaker of the Assembly or the chair of the committee, compel the witness’s obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein…

“NRS 218E.050  Power of Houses to imprison for contempt; issuance and service of citation for contempt.

1. “If a witness commits contempt before:
   • “(a) The Senate or the Assembly, any member of the House may offer a resolution to have the recusant witness cited to show cause why the witness should not be imprisoned for contempt.
   • “(b) A committee while the Legislature is in regular or special session, any member of the committee may offer a resolution in the House of which the Legislator is a member to have the recusant witness cited to show cause why the witness should not be imprisoned for contempt, but only if the resolution is first approved by a majority vote of the committee.
2. “If the resolution is adopted by the House, the House shall issue a citation, signed by the presiding officer of the House:
   • “(a) Directing the recusant witness to appear before the House at a time and place specified in the citation to show cause, if any, why the witness should not be imprisoned for contempt; and
   • “(b) Accompanied by a copy of the original legislative subpoena if the recusant witness failed to appear, or stating briefly the questions which the witness failed to answer or the documentary evidence which the witness failed to produce.
3. “The time and place stated in the citation for the hearing must afford the recusant witness a reasonable opportunity to prepare an appropriate defense.
4. “The citation must be served personally upon the recusant witness and may be served by any peace officer or by the Sergeant at Arms or any regularly appointed Assistant Sergeant at Arms of the House…

“NRS 218E.080  Power of Houses to provide for hearings and proceedings; unlawful for sworn witness to willfully misrepresent facts when testifying in hearing or proceeding.

1. “Each House may provide for hearings and proceedings.
2. “A person who appears and is sworn as a witness before a House or committee for a hearing or proceeding and who willfully misrepresents any fact when testifying in the hearing or proceeding is guilty of a gross misdemeanor…

“NRS 218E.090  Rules and privileges governing certain state employees who testify on their own behalf; required disclosures; unlawful for state agency to take certain actions because of such testimony.

1. “An employee of a state agency who testifies before a House or committee on the employee’s own behalf and not on behalf of the state agency shall, before commencing such testimony, state that fact clearly on the record.
2. “It is unlawful for a state agency which is the employer of an employee who complies with subsection 1 and testifies or seeks to testify before a House or committee on the employee’s own behalf to:
   • “(a) Deprive the employee of employment with the state agency or to take any reprisal or retaliatory action against the employee as a consequence of the testimony or potential testimony;
   • “(b) Threaten the employee that the testimony or potential testimony will result in the termination of employment with the state agency or in any reprisal or retaliatory action against the employee; or
   • “(c) Directly or indirectly intimidate, threaten, coerce, command or influence or attempt to intimidate, threaten, coerce, command or influence the employee in an effort to interfere with or prevent the testimony of the employee.
3. “It is unlawful for a state agency to:
   • “(a) Deprive or threaten to deprive an employee of employment with the state agency;
   • “(b) Take or threaten to take any reprisal or retaliatory action against the employee; or
   • “(c) Directly or indirectly intimidate, threaten, coerce, command or influence or attempt to intimidate, threaten, coerce, command or influence the employee, in an attempt to affect the behavior of another employee who is testifying or seeks to testify before a House or committee on the other employee’s own behalf.
4. “The provisions of this section do not apply to an employee in the classified service who has not completed the employee’s probationary period” (Nevada Revised Statutes, Chapter 218E).

Assembly Rules #

“A committee shall not take a vote on the question of whether to exercise its statutory authority to issue a legislative subpoena unless the chair or other person approved by the Speaker has informed the Speaker of the intention of the committee to consider such a proposal” (Assembly Rule 57, No. 10).