H-1495              _______________________________________________

                                                   HOUSE BILL NO. 1094

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Locke and Padden

Read first time 2/25/87 and referred to Committee on State Government.

AN ACT Relating to subpoenas; and amending RCW 43.20A.605.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 102, Laws of 1967 ex. sess. as last amended by section 21, chapter 41, Laws of 1983 1st ex. sess. and RCW 43.20A.605 are each amended to read as follows:

          (1) The secretary shall have full authority to administer oaths and take testimony thereunder, to issue subpoenas requiring the attendance of witnesses before him together with all books, memoranda, papers, and other documents, articles or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation.

          (2) Subpoenas issued in agency hearings and contested cases shall be governed by the provisions of RCW 34.04.105.

          (3) Subpoenas issued in the conduct of investigations required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions shall be governed by the following:

          (a) The secretary shall not compel the production of any papers, books, records, or documents which are in the custody of another public official or agency and within the public official's or agency's power to provide voluntarily on request.

          (b) If an individual fails to obey the subpoena or obeys the subpoena but refuses to testify when required concerning any matter under examination or investigation, the secretary may petition the superior court of the county where the examination or investigation is being conducted for enforcement of the subpoena.  The petition shall be accompanied by a copy of the subpoena and proof of service, and shall set forth in what specific manner the subpoena has not been complied with, and shall ask an order of the court to compel the witness to appear and testify before the agency.  The court, upon such petition, shall enter an order directing the witness to appear before the court at a time and place to be fixed in such order and at that time and place show cause why the witness has not responded to the subpoena or has refused to testify.  A copy of the order shall be served upon the witness.  If it appears to the court that the subpoena was properly issued and that the particular questions which the witness refuses to answer are reasonable and relevant, the court shall enter an order that the witness appear at the time and place fixed in the order and testify or produce the required papers.  On failing to obey the order, the witness shall be dealt with as for contempt of court.

          (c) Subpoenas issued under this subsection shall be served in the manner prescribed for service of a summons in a civil action or by certified mail, return receipt requested.  The return receipt is prima facie evidence of service.

(d) Whenever an agency of state or local government issues a subpoena of documents or records held by persons other than government officials, the agency shall pay to the person required to produce the documents or records, the reasonable cost of such production, including but not limited to research time and copying expenses.   Such sum shall be paid not more than sixty days following a submission of the statement of the costs to the agency issuing the subpoena.