Section 308-103-090. Subpoenas.

(1) Subpoenas shall be issued and enforced, and witness fees paid, as provided in RCW 46.20.308(7). All subpoenas shall direct the witness to appear by telephone unless otherwise agreed to by the hearing officer.

(2) Every subpoena shall be submitted on a form approved by the department, available on the internet at www.dol.wa.gov, and must be signed and issued by a hearing officer. An approved form may be obtained from the department.

(a) A subpoena to a person to provide testimony at a hearing shall specify the date and time 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 must be personally served by a suitable person over eighteen 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. Proof of service shall be made by affidavit or declaration under penalty of perjury. Service by certified mail must be preapproved by the hearing officer. Service of a subpoena on a law enforcement officer may be effected by serving the subpoena upon the officer's employer.

(4) The hearing officer may condition issuance of the subpoena upon advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

(5) A subpoena must be properly served ten days prior to the date of the hearing, excluding weekends and holidays, in order to have full force and effect.

[Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 15-15-070, § 308-103-090, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 46.01.110, 46.20.308, 46.25.120. WSR 06-15-081, § 308-103-090, filed 7/14/06, effective 8/14/06. Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 02-11-011, § 308-103-090, filed 5/3/02, effective 6/3/02.]

RCW 46.01.110 and 46.20.308. WSR 15-15-070, § 308-103-090, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 46.01.110, 46.20.308, 46.25.120. WSR 06-15-081, § 308-103-090, filed 7/14/06, effective 8/14/06. Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 02-11-011, § 308-103-090, filed 5/3/02, effective 6/3/02.