RCW 21.30.107
Subpoena authority—Application—Contents—Notice—Fees.
(1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or testimony; and
(c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the department's authority.
(2) When an application under this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.
(3) The director or authorized assistants may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3).
[ 2011 c 93 § 8.]
NOTES:
Finding—Intent—2011 c 93: See note following RCW 18.44.425.
Structure Revised Code of Washington
Title 21 - Securities and Investments
Chapter 21.30 - Commodity Transactions.
21.30.020 - Transactions involving commodity contract or option—Prohibition—Exceptions.
21.30.030 - Transactions conducted by certain persons exempt from prohibition under RCW 21.30.020.
21.30.040 - Transactions and contracts exempt from prohibition under RCW 21.30.020—Rules.
21.30.050 - Commodity merchants—Place for trading commodity contract or option—Requirements.
21.30.060 - Prohibited practices.
21.30.070 - Responsibility for acts or omissions—Liability—Burden of proof.
21.30.100 - Investigations—Statements—Publication of information.
21.30.107 - Subpoena authority—Application—Contents—Notice—Fees.
21.30.110 - Investigations—Evidence—Subpoenas—Court orders of compliance.
21.30.120 - Violations—Director's authority—Court actions—Penalties.
21.30.130 - Violations—Court-ordered remedies—Penalties—Bond by director not required.
21.30.140 - Willful violations—Penalty—Limitation on actions.
21.30.150 - No liability under chapter for act in good faith.
21.30.160 - Unlawful use or disclosure of information.
21.30.170 - Information—Availability to public—Exceptions.
21.30.180 - Cooperation with other agencies or organizations.
21.30.190 - Consent for service of process—Service, how made.
21.30.200 - Administrative proceedings—Summary order—Notice—Hearing—Final order.
21.30.210 - Application of chapter 34.05 RCW, the administrative procedure act.
21.30.220 - Pleading exemptions or exceptions—Burden of proof.
21.30.230 - Application for licensing.
21.30.250 - Examinations—Waiver.
21.30.270 - Multiple licenses, when permitted.
21.30.280 - Classification of licenses—Limitations and conditions of licenses.
21.30.290 - Annual report and fee.
21.30.300 - Minimum net capital and fidelity bond requirements.
21.30.310 - Financial and other reports.
21.30.340 - Examination of records—Copies—Fees.
21.30.350 - Denial, suspension, revocation, or limitation of license—Grounds.
21.30.360 - Violations—Prosecuting attorney may bring criminal proceedings.
21.30.370 - Penalties in chapter nonexclusive.
21.30.380 - Administration of chapter under director of financial institutions.
21.30.390 - Administrator—Appointment—Delegation of duties—Term.
21.30.400 - Director's powers and duties—Rules, forms, and orders—Fees.
21.30.800 - Securities laws not affected.