WAC 162-08-09501
Methods of obtaining information1. (1)
Pursuant to RCW 49.60.140 and 49.60.240, as part of the
investigative process, staff members of the commission may
obtain information by one or more of the following methods:
Subpoenas, oral questions, written questions and answers,
requests for specific documents and records.
(2) Use of these methods is available only to commission
staff. Since the investigation is an internal agency process,
and not an adversarial proceeding, use of the methods for
obtaining information described in subsection (1) of this
section are available only to commission staff members.
(3) Scope of inquiry. Commission staff members may
obtain information regarding any matter, not privileged, which
is relevant to the complaint filed with the commission.
(4) Methods of obtaining information.
(a) Subpoena and subpoena duces tecum. Subpoenas may be
issued by the chairperson of the commission, any member of the
commission designated by the chairperson, the executive
director, or any staff member designated by the executive
director, to compel the appearance of any person to give
information relevant to a complaint which is under
investigation.
(i) Subpoenas may be served in any manner authorized by
WAC 162-08-041 and RCW 49.60.140 for the service of papers
generally.
(ii) Pursuant to RCW 49.60.170, witnesses shall be paid
the same fees and mileage as are paid witnesses in the courts
of this state, and by the same party who would pay if the
proceeding were before a court of this state. Any person
authorized to issue subpoenas who desires the attendance of a
witness residing outside of the county in which attendance is
desired, or more than twenty miles from the place where
attendance is desired, may compel the attendance of the
witness by subpoena accompanied by ten dollars, tickets or
other arrangements for travel, or an appropriate mileage
allowance if the witness agrees to travel by automobile, plus
not less than one day's per diem at the rate specified by law
for witnesses required to attend court proceedings. The
executive director may order additional amounts for meals,
lodging, and travel as the executive director may deem
reasonable for the attendance of the witness, consistent with
RCW 5.56.010 and other statutes governing allowances for
witnesses in the courts of this state, if the witness objects
to the arrangements or amounts provided by the person issuing
the subpoena.
(iii) The party who calls an expert witness shall pay the
professional fee charged by the expert witness and all other
costs of the expert's testimony. If the other party's or
parties' questioning of an expert witness exceeds the time
taken by the party who requested the expert, they shall
reimburse the party who called the expert witness for that
portion of the fee charged by the expert witness and the other
costs of the expert's testimony.
(iv) Questions relating to subpoenas shall be addressed
by the executive director. Motions relating to subpoenas
shall be addressed by the executive director or chairperson of
the commission pursuant to the procedures set forth in WAC 162-08-019.
(b) Oral questions and answers. Oral questions and
answers may be taken in any reasonable manner at any time
after a complaint has been filed with the commission, provided
all parties are notified that the information may be
transcribed and used as evidence in any hearing arising out of
the matter under investigation.
(i) Oral questions and answers may be taken before a
member of the commission's staff who is not involved in the
investigation of the complaint or matter, or before a person
who has been commissioned to administer oaths by the
chairperson of the commission, or before any person who is a
notary public.
(ii) Record of examination. Questions and answers may be
recorded mechanically or video-taped.
(iii) If signature is not waived, the witness shall have
five days after submission of the transcription of their
answers to register desired changes and sign it, and if the
witness does not sign in the time allowed, the recording
official may, the officer may certify the accuracy of the
transcription.
(iv) The recording officer shall certify the
transcription in the manner provided in CR 30(f) and shall
send or deliver the original transcript to the clerk,
unsealed. The recording officer need not notify parties of
the transmittal.
(v) Upon receipt of a transcription certified as above,
the clerk shall examine it to verify that it has been
certified, and if it has been, the clerk shall file it. A
transcription that has been so filed is published and is
available for any use to which a deposition may be put, except
to the extent that use is limited by a protective order (see
WAC 162-08-096).
(vi) Transcriptions may be used in the same manner as
depositions may be used under the civil rules for superior
court, particularly CR 32.
(vii) Errors and irregularities in question and answer
procedure are waived unless they substantially prejudice a
party and are promptly objected to.
(c) Written questions and answers. Any commission staff
person may serve written questions and answers on any party to
be answered under oath.
(i) Form. Each written question shall be followed by
adequate space for the answer.
(ii) Time for answer. Written questions shall be
answered within ten days after service, unless their number,
together with others served by the commission within the last
ten days, exceed twenty questions, in which event they shall
be answered within twenty days.
(d) Production of documents and records. Any staff
member authorized by the commission may request production of
documents and records relevant to a matter under investigation
and issue a subpoena duces tecum for the same material when
not produced upon request.
Time for response. The party upon whom the request for
production is served shall serve its written response within
ten days, unless the parties have stipulated to, or the
commission staff person has specified, a shorter or longer
time.
1This section is intended to cover informal methods of obtaining information pursuant to RCW 49.60.140 and 49.60.240. When more formal methods of discovery are invoked, WAC 162-08-263 applies.