Wash. Admin. Code § 491-04-160 - Can witnesses be subpoenaed?
The board may compel the taking of testimony from witnesses under oath before the state board, or the secretary thereof, or the local board of trustees or any member thereof, for the purpose of obtaining evidence, at any time.
(1) The board shall have the
same power of subpoena as prescribed in
RCW 51.52.100.
(2) Every subpoena shall identify the party
causing issuance of the subpoena and shall state the name of the board 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.
(3) A
subpoena may be served by any suitable person over eighteen (18) 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 or declaration under penalty of
perjury.
(4) The board chair may,
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) Failure of any claimant
to appear and give any testimony shall suspend any rights or eligibility to
receive payments for the period of such failure to appear and
testify.
Notes
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