WAC 10-08-120
Adjudicative proceedings -- Subpoenas. (1)
Subpoenas shall be issued and enforced, and witness fees paid, as
provided in RCW 34.05.446 and 5.56.010.
(2) Every subpoena shall identify the party causing issuance
of the subpoena and shall state the name of the agency and the
title of the proceeding and shall command the person to whom it
is directed to attend and give testimony or produce designated
books, documents, or things under his or her control.
(a) A subpoena to a person to provide testimony at a hearing
shall specify the time and place set for hearing.
(b) A subpoena duces tecum requesting a person to produce
designated books, documents, or things under his or her control
shall specify a time and place for producing the books,
documents, or things. That time and place may be the time and
place set for hearing, or another reasonably convenient time and
place in advance of the hearing.
(3) A subpoena may be served by any suitable person over 18
years of age, by exhibiting and reading it to the witness, or by
giving him or her a copy thereof, or by leaving such copy at the
place of his or her abode. When service is made by any other
person than an officer authorized to serve process, proof of
service shall be made by affidavit or declaration under penalty
of perjury.
(4) The presiding officer, upon motion made promptly and in
any event at or before the time specified in the subpoena for
compliance therewith, may (a) quash or modify the subpoena if it
is unreasonable and 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,
papers, documents, or tangible things.
[Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. 99-20-115, § 10-08-120, filed 10/6/99, effective
11/6/99. Statutory Authority: RCW 34.05.250. 89-13-036 (Order
6), § 10-08-120, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), § 10-08-120, filed
11/1/82.]