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(1) Subpoenas shall be issued and
enforced, and witness fees paid, as provided in
RCW
46.20.308(8).
All subpoenas shall direct the witness to appear by
telephone unless otherwise agreed to by the hearing
officer.
(2) Every subpoena shall be signed and issued
by a hearing officer and shall identify the party
requesting the 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 appear in person or telephonically
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 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. When service is made by any
person other than an officer authorized to serve
process, proof of service shall be made by affidavit
or declaration under penalty of perjury. 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. |
