WAC 182-526-0320 Subpoenas.
Effective March 16, 2017
- An administrative law judge (ALJ), the health care authority hearing representative, and an attorney for a party may issue subpoenas. If a party is not represented by an attorney, that party may ask the ALJ to issue a subpoena on the party's behalf. The ALJ may schedule a prehearing conference to decide whether to issue a subpoena.
- An ALJ may deny a party's request for a subpoena. For example, an ALJ may deny a request for a subpoena when the ALJ determines that a witness has no actual knowledge regarding the facts or that the documents are not relevant.
- There is no cost when OAH issues a subpoena on behalf of a party, but the party may have to pay for:
- Serving the subpoena;
- Complying with the subpoena; and
- Witness fees according to RCW 34.05.446(7).
- Any person who is at least eighteen years old and not a party to the hearing may serve a subpoena.
- Service of a subpoena is complete when the server:
- Gives the witness a copy of the subpoena; or
- Leaves a copy at the residence of the witness with a person over the age of eighteen.
- To prove that a subpoena was served on a witness, the person serving the subpoena must sign a written, dated statement including:
- Who was served with the subpoena;
- When the subpoena was served;
- The address where the subpoena was served; and
- The name, age, and address of the person who served the subpoena.
- A party may request that an ALJ quash (set aside) or change the requirements of a subpoena at any time before the deadline given in the subpoena.
- An ALJ may set aside or change a subpoena if it is unreasonable.
- Witnesses with safety or accommodation concerns should contact the office of administrative hearings (OAH) upon receipt of a subpoena.