182-16-3120  <<  182-16-3130 >>   182-16-3140

(Effective until January 1, 2020)

WAC 182-16-3130

Subpoenas.

(1) Hearing officers, the HCA hearing representative, and attorneys for the parties may prepare subpoenas as described in Washington state civil rule 45, unless otherwise prohibited by law. Any party may request the hearing officer prepare a subpoena on their behalf.
(2) The hearing officer may schedule a prehearing conference to decide whether to issue a subpoena.
(3) If a party requests the hearing officer prepare a subpoena on its behalf, the party is responsible for:
(a) Service of the subpoena; and
(b) Any costs associated with:
(i) Compliance with the subpoena; and
(ii) Witness fees as described in RCW 34.05.446(7).
(4) Service of a subpoena must be made by a person who is at least eighteen years old and not a party to the hearing. Service of the subpoena is complete when the person serving the subpoena:
(a) Gives the person or entity named in the subpoena a copy of the subpoena; or
(b) Leaves a copy of the subpoena with a person over the age of eighteen at the residence or place of business of the person or entity named in the subpoena.
(5) To prove service of a subpoena on a witness, the person serving the subpoena must file with the hearing officer's office a signed, written, and dated statement that includes:
(a) The name of the person to whom service of the subpoena occurred;
(b) The date the service of the subpoena occurred;
(c) The address where the service of the subpoena occurred; and
(d) The name, age, and address of the person who provided service of the subpoena.
(6) A party may request the hearing officer quash (set aside) or change a subpoena request at any time before the deadline given in the subpoena.
(7) A hearing officer may quash (set aside) or change a subpoena if it is unreasonable.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 18-22-033 (Admin #2018-03), § 182-16-3130, filed 10/29/18, effective 1/1/19.]
(Effective January 1, 2020)

WAC 182-16-3130

Subpoenas.

(1) Hearing officers, the HCA hearing representative, and attorneys for the parties may prepare subpoenas as described in Washington state civil rule 45, unless otherwise prohibited by law. Any party may request the hearing officer prepare a subpoena on their behalf.
(2) The hearing officer may schedule a prehearing conference to decide whether to issue a subpoena.
(3) If a party requests the hearing officer prepare a subpoena on its behalf, the party is responsible for:
(a) Service of the subpoena; and
(b) Any costs associated with:
(i) Compliance with the subpoena; and
(ii) Witness fees as described in RCW 34.05.446(7).
(4) Service of a subpoena must be made by a person who is at least eighteen years old and not a party to the hearing. Service of the subpoena is complete when the person serving the subpoena:
(a) Gives the person or entity named in the subpoena a copy of the subpoena; or
(b) Leaves a copy of the subpoena with a person over the age of eighteen at the residence or place of business of the person or entity named in the subpoena.
(5) To prove service of a subpoena on a witness, the person serving the subpoena must file with the hearing officer's office a signed, written, and dated statement that includes:
(a) The name of the person to whom service of the subpoena occurred;
(b) The date the service of the subpoena occurred;
(c) The address where the service of the subpoena occurred; and
(d) The name, age, and address of the person who provided service of the subpoena.
(6) A person or entity subject to or affected by the subpoena may request the hearing officer quash (set aside) or change a subpoena request at any time before the deadline given in the subpoena.
(7) A hearing officer may quash (set aside) or change a subpoena if it is unreasonable.
[Statutory Authority: RCW 41.05.021, 41.05.160, and PEBB policy resolutions. WSR 19-17-073 (Admin #2019-01), § 182-16-3130, filed 8/20/19, effective 1/1/20. Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 18-22-033 (Admin #2018-03), § 182-16-3130, filed 10/29/18, effective 1/1/19.]
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