WAC 463-30-200
Subpoenas -- Practice. (1) Subpoenas shall
be issued and enforced, and witness fees paid, as provided in
RCW 34.05.446.
(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 at the time and place set for 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 other person than an officer authorized to serve
process, proof of service shall be made by affidavit.
(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.
(5) No subpoena shall be issued or given effect to
require the attendance and testimony of, or the production of
evidence by, any member of the council or any member of the
council staff. For these purposes, the council's independent
consultant is deemed a member of the council staff.
(6) The council shall be responsible for paying only the
witness fees of the witnesses which it subpoenas. Each
subpoena shall bear the name of the party requesting or
issuing the subpoena and the party responsible for paying the
witness fees.
[Statutory Authority: RCW 80.50.040 (1) and (12). 04-21-013,
§ 463-30-200, filed 10/11/04, effective 11/11/04. Statutory
Authority: RCW 80.50.040. 90-05-018, § 463-30-200, filed
2/13/90, effective 3/16/90; Order 109, § 463-30-200, filed
11/16/76.]