Wash. Admin. Code § 391-08-310

Current through Register Vol. 24-21, November 1, 2024

Section 391-08-310 - Subpoenas-Form-Issuance to parties

The power of subpoena is limited to compelling the testimony of witnesses and production of documents or other tangible evidence at hearings conducted by the agency.

(1) Every subpoena must:

(a) State the name of the agency as state of Washington, public employment relations commission;

(b) State the title of the proceeding and case number; and

(c) Identify the party causing issuance of the subpoena.

(2) Every subpoena shall command the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under that person's control at the time and place set for the hearing. No subpoena shall be issued or given effect to require the attendance and testimony of, or the production of evidence by, a member of the commission or agency staff in any proceeding before the agency.

(3) Upon a showing of general relevance and reasonable scope of the testimony or evidence sought, subpoenas may be issued by the commission or a presiding officer:

(a) On the request of counsel or other representative; or

(b) On the request of a party not represented by counsel or other representative.

(4) Subpoenas may be issued by attorneys under the authority conferred upon them by RCW 34.05.446(1).

(5) A subpoena may be served by any suitable person over 18 years of age by exhibiting and reading it to the witness, by giving the witness a copy of the subpoena, or by leaving a copy of the subpoena at the witness's abode or usual dwelling place. When service is made by any person other than an officer authorized to serve process, proof of service must be made by affidavit or declaration under penalty of perjury.

(6) The party that issues or requests issuance of a subpoena shall pay the fees and allowances and the cost of producing records required to be produced by subpoena.

(a) Witness fees, mileage, and allowances for meals and lodging must be at the rates and terms allowed by the superior court for the county the witness is in when the hearing occurs.

(b) Witnesses are entitled to payment in advance for their fees for one day's attendance, together with mileage for traveling to and returning from the place where they are required to attend, if their demand for payment is made to the officer or person serving the subpoena at the time of service.

(7) The presiding officer, upon motion made at or before the time specified in the subpoena, may:

(a) Quash or modify the subpoena if it is unreasonable or oppressive; or

(b) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, documents, or things.

(8) Subpoenas may be enforced as provided in RCW 34.05.588(1).

Wash. Admin. Code § 391-08-310

Amended by WSR 22-23-101, Filed 11/16/2022, effective 1/1/2023

Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 2.40.010, 5.56.010 and 34.05.446. 00-14-048, § 391-08-310, filed 6/30/00, effective 8/1/00; 99-14-060, § 391-08-310, filed 7/1/99, effective 8/1/99; 98-14-112, § 391-08-310, filed 7/1/98, effective 8/1/98. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110, 28B.52.045(3), 28B.52.060, 41.56.060, 41.56.122(1), 41.56.170, 41.59.080, 41.59.100 and 41.59.150. 90-06-070, § 391-08-310, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 34.04.022, 41.58.050, 41.56.090, 41.59.110 and 28B.52.080. 83-24-031 (Order 83-01), § 391-08-310, filed 12/1/83, effective 1/1/84; Order 77-1, § 391-08-310, filed 1/27/77.