NAC467.942. Testimony of respondent or certain other persons; failure to respond to subpoena.  

     1. If a respondent fails to testify in his or her own behalf or asserts a claim of privilege with respect to a question propounded to him or her, the Commission may infer therefrom that the respondent’s testimony or answer would have been adverse to his or her case.

     2. If a person who is:

     (a) Controlling;

     (b) Controlled by;

     (c) Under common control with;

     (d) Employed by; or

     (e) An agent of,

Ê a respondent fails to respond to a subpoena, or asserts a claim of privilege with respect to a question propounded to him or her, the Commission may, taking into account all of the circumstances, infer that such testimony would have been adverse to the respondent.

     3. If, on a ground other than the properly invoked privilege against self-incrimination, a respondent fails to respond to a subpoena, or fails or refuses to answer a material question propounded to him or her, the Commission may deem such failure or refusal to be independent grounds for granting the relief requested by the Executive Director in the complaint with respect to that respondent.