WAC 182-526-0320 Subpoenas.

Effective March 16, 2017

  1. 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.
  2. 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.
  3. There is no cost when OAH issues a subpoena on behalf of a party, but the party may have to pay for:
    1. Serving the subpoena;
    2. Complying with the subpoena; and
    3. Witness fees according to RCW 34.05.446(7).
  4. Any person who is at least eighteen years old and not a party to the hearing may serve a subpoena.
  5. Service of a subpoena is complete when the server:
    1. Gives the witness a copy of the subpoena; or
    2. Leaves a copy at the residence of the witness with a person over the age of eighteen.
  6. To prove that a subpoena was served on a witness, the person serving the subpoena must sign a written, dated statement including:
    1. Who was served with the subpoena;
    2. When the subpoena was served;
    3. The address where the subpoena was served; and
    4. The name, age, and address of the person who served the subpoena.
  7. 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.
  8. An ALJ may set aside or change a subpoena if it is unreasonable.
  9. Witnesses with safety or accommodation concerns should contact the office of administrative hearings (OAH) upon receipt of a subpoena.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.