The power of subpoena is limited to compelling the testimony of
witnesses and production of documents or other tangible evidence at hearings
conducted by the agency.
(1) Every
subpoena must:
(a) State the name of the
agency as state of Washington, public employment relations
commission;
(b) State the title of
the proceeding and case number; and
(c) Identify the party causing issuance of
the subpoena.
(2) Every
subpoena shall command the person to whom it is directed to attend and give
testimony or produce designated books, documents, or things under that person's
control at the time and place set for the hearing. No subpoena shall be issued
or given effect to require the attendance and testimony of, or the production
of evidence by, a member of the commission or agency staff in any proceeding
before the agency.
(3) Upon a
showing of general relevance and reasonable scope of the testimony or evidence
sought, subpoenas may be issued by the commission or a presiding officer:
(a) On the request of counsel or other
representative; or
(b) On the
request of a party not represented by counsel or other
representative.
(4)
Subpoenas may be issued by attorneys under the authority conferred upon them by
RCW
34.05.446(1).
(5) A subpoena may be served by any suitable
person over 18 years of age by exhibiting and reading it to the witness, by
giving the witness a copy of the subpoena, or by leaving a copy of the subpoena
at the witness's abode or usual dwelling place. When service is made by any
person other than an officer authorized to serve process, proof of service must
be made by affidavit or declaration under penalty of perjury.
(6) The party that issues or requests
issuance of a subpoena shall pay the fees and allowances and the cost of
producing records required to be produced by subpoena.
(a) Witness fees, mileage, and allowances for
meals and lodging must be at the rates and terms allowed by the superior court
for the county the witness is in when the hearing occurs.
(b) Witnesses are entitled to payment in
advance for their fees for one day's attendance, together with mileage for
traveling to and returning from the place where they are required to attend, if
their demand for payment is made to the officer or person serving the subpoena
at the time of service.
(7) The presiding officer, upon motion made
at or before the time specified in the subpoena, may:
(a) Quash or modify the subpoena if it is
unreasonable or 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,
documents, or things.
(8) Subpoenas may be enforced as provided in
RCW
34.05.588(1).
