Washington Code > Title 70 > Chapter 70.94 > § 70.94.142 - Subpoena powers -- Witnesses, expenses and mileage -- Rules and regulations
Current as of: 2009
In connection with the subpoena powers given in RCW 70.94.141(2):
(1) In any hearing held under RCW 70.94.181 and 70.94.221, the board or the department, and their authorized agents:
(a) Shall issue a subpoena upon the request of any party and, to the extent required by rule or regulation, upon a statement or showing of general relevance and reasonable scope of the evidence sought;
(b) May issue a subpoena upon their own motion.
(2) The subpoena powers given in RCW 70.94.141(2) shall be statewide in effect.
(3) Witnesses appearing under the compulsion of a subpoena in a hearing before the board or the department shall be paid the same fees and mileage that are provided for witnesses in the courts of this state. Such fees and mileage, and the cost of duplicating records required to be produced by subpoena issued upon the motion of the board or department, shall be paid by the board or department. Such fees and mileage, and the cost of producing records required to be produced by subpoena issued upon the request of a party, shall be paid by that party.
(4) If an individual fails to obey the subpoena, or obeys the subpoena but refuses to testify when required concerning any matter under examination or investigation or the subject of the hearing, the board or department shall file its written report thereof and proof of service of its subpoena, in any court of competent jurisdiction in the county where the examination, hearing or investigation is being conducted. Thereupon, the court shall forthwith cause the individual to be brought before it and, upon being satisfied that the subpoena is within the jurisdiction of the board or department and otherwise in accordance with law, shall punish him as if the failure or refusal related to a subpoena from or testimony in that court.
(5) The department may make such rules and regulations as to the issuance of its own subpoenas as are not inconsistent with the provisions of this chapter.
[1987 c 109 § 35; 1969 ex.s. c 168 § 17; 1967 c 238 § 26.]
Notes:Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.