Jones v. State, Bd. of Med. Exam'rs

Summary

The Nevada Supreme Court affirmed a district court order denying Carmen Jones, M.D.’s motion to change venue in a contempt proceeding involving an administrative subpoena issued by the Nevada State Board of Medical Examiners. The court held that NRS 630.355(1), a specific venue provision, controls over Nevada’s general venue statutes and permits the proceeding in the county where the Board’s administrative work is conducted. Because the Board’s relevant administrative work occurred in Washoe County, venue in the Second Judicial District Court was proper.

Holdings

1. Nevada Revised Statutes § 630.355(1) is the specific venue statute governing a contempt action arising from a Nevada State Board of Medical Examiners proceeding, and it takes precedence over the general venue provisions in Nevada Revised Statutes chapter 13.
2. Venue for a contempt proceeding brought by the Nevada State Board of Medical Examiners under NRS 630.355(1) is proper in the county where the Board's administrative work is taking place, not necessarily where the investigated conduct occurred.
3. The appeal was not moot because the contempt proceedings remained pending and the Board could still seek sanctions for Jones's failure to comply with the subpoena.

Questions Presented

1. Whether Nevada Revised Statutes § 630.355(1), rather than the general venue provisions in Nevada Revised Statutes chapter 13, governs venue for a contempt petition arising from a Board of Medical Examiners administrative subpoena.
2. Whether the phrase "the district court of the county in which the proceeding is being conducted" in Nevada Revised Statutes § 630.355(1) refers to the county where the Board's administrative work and hearings take place or the county where the investigated conduct occurred.
3. Whether the appeal was moot because the Board had obtained information enabling it to obtain the subpoenaed documents.

Disposition

affirmed