(1) In
the discharge of the duties imposed by this title, the appeal
tribunal and any duly authorized representative of the
commissioner shall have power to administer oaths and
affirmations, take depositions, certify to official acts and
issue subpoenas to compel the attendance of witnesses and the
production of books, papers, correspondence, memoranda, and other
records deemed to be necessary as evidence in connection with any
dispute or the administration of this title. It shall be
unlawful for any person, without just cause, to fail to comply
with subpoenas issued pursuant to the provisions of this section.
(2)(a) Any authorized representative of the commissioner may
apply for and obtain a superior court order approving and
authorizing a subpoena in advance of its issuance. The
application may be made in the county where the subpoenaed person
resides or is found, or the county where the subpoenaed records
or documents are located, or in Thurston county. The application
must:
(i) State that an order is sought pursuant to this
subsection;
(ii) Adequately specify the records, documents, or
testimony; and
(iii) Declare under oath that an investigation is being
conducted for a lawfully authorized purpose related to an
investigation within the department's authority and that the
subpoenaed documents or testimony are reasonably related to an
investigation within the department's authority.
(b) Where the application under this subsection is made to
the satisfaction of the court, the court must issue an order
approving the subpoena. An order under this subsection
constitutes authority of law for the agency to subpoena the
records or testimony.
(c) Any authorized representative of the commissioner may
seek approval and a court may issue an order under this
subsection without prior notice to any person, including the
person to whom the subpoena is directed and the person who is the
subject of an investigation.
[2010 c 22 § 3; 1945 c 35 § 52; Rem. Supp. 1945 § 9998-190. Prior: 1943 c 127 § 8; 1941 c 253 § 8; 1939 c 214 § 9; 1937 c 162 § 11.]
NOTES:
Findings -- Intent -- 2010 c 22: See note following RCW 51.04.040.