RCW 34.05.588
Enforcement of agency subpoena.
(1) If a person fails to obey an agency subpoena issued in an adjudicative proceeding, or obeys the subpoena but refuses to testify or produce documents when requested concerning a matter under examination, the agency or attorney issuing the subpoena may petition the superior court of any county where the hearing is being conducted, where the subpoenaed person resides or is found, or where subpoenaed documents are located, for enforcement of the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service, shall set forth in what specific manner the subpoena has not been complied with, and shall request an order of the court to compel compliance. Upon such petition, the court shall enter an order directing the person to appear before the court at a time and place fixed in the order to show cause why the person has not obeyed the subpoena or has refused to testify or produce documents. A copy of the court's show cause order shall be served upon the person. If it appears to the court that the subpoena was properly issued, and that the particular questions the person refused to answer or the requests for production of documents were reasonable and relevant, the court shall enter an order that the person appear before the agency at the time and place fixed in the order and testify or produce the required documents, and on failing to obey this order the person shall be dealt with as for contempt of court.
(2) Agencies with statutory authority to issue investigative subpoenas may petition for enforcement of such subpoenas in accordance with subsection (1) of this section. The agency may petition the superior court of any county where the subpoenaed person resides or is found, or where subpoenaed documents are located. If it appears to the court that the subpoena was properly issued, that the investigation is being conducted for a lawfully authorized purpose, and that the testimony or documents required to be produced are adequately specified and relevant to the investigation, the court shall enter an order that the person appear before the agency at the time and place fixed in the order and testify or produce the required documents, and failing to obey this order the person shall be dealt with as for contempt of court.
(3) Petitions for enforcement of agency subpoenas are not subject to RCW 34.05.578 through 34.05.590.
[ 1989 c 175 § 30.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Structure Revised Code of Washington
Chapter 34.05 - Administrative Procedure Act.
34.05.001 - Legislative intent.
34.05.020 - Savings—Authority of agencies to comply with chapter—Effect of subsequent legislation.
34.05.030 - Exclusions from chapter or parts of chapter.
34.05.040 - Operation of chapter if in conflict with federal law.
34.05.060 - Informal settlements.
34.05.070 - Conversion of proceedings.
34.05.080 - Variation from time limits.
34.05.090 - Forest practices board—Emergency rules.
34.05.100 - Respectful language.
34.05.120 - Extension of rights and responsibilities—State registered domestic partnerships.
34.05.220 - Rules for agency procedure—Indexes of opinions and statements.
34.05.230 - Interpretive and policy statements.
34.05.240 - Declaratory order by agency—Petition.
34.05.250 - Model rules of procedure.
34.05.260 - Electronic distribution.
34.05.270 - Agency websites for rule-making information.
34.05.310 - Prenotice inquiry—Negotiated and pilot rules.
34.05.312 - Rules coordinator.
34.05.313 - Feasibility studies—Pilot projects.
34.05.314 - Rules development agenda.
34.05.315 - Rule-making docket.
34.05.322 - Scope of rule-making authority.
34.05.325 - Public participation—Concise explanatory statement.
34.05.328 - Significant legislative rules, other selected rules.
34.05.330 - Petition for adoption, amendment, repeal—Agency action—Appeal.
34.05.335 - Withdrawal of proposal—Time and manner of adoption.
34.05.340 - Variance between proposed and final rule.
34.05.345 - Failure to give twenty days notice of intended action—Effect.
34.05.350 - Emergency rules and amendments.
34.05.353 - Expedited rule making.
34.05.360 - Order adopting rule, contents.
34.05.362 - Postadoption notice.
34.05.365 - Incorporation by reference.
34.05.375 - Substantial compliance with procedures.
34.05.380 - Filing with code reviser—Written record—Effective dates.
34.05.385 - Rules for rule making.
34.05.390 - Style, format, and numbering—Agency compliance.
34.05.395 - Format and style of amendatory and new sections—Failure to comply.
34.05.410 - Application of Part IV.
34.05.413 - Commencement—When required.
34.05.416 - Decision not to conduct an adjudication.
34.05.419 - Agency action on applications for adjudication.
34.05.422 - Rate changes, licenses.
34.05.425 - Presiding officers—Disqualification, substitution.
34.05.431 - Conference—Procedure and participation.
34.05.434 - Notice of hearing.
34.05.437 - Pleadings, briefs, motions, service.
34.05.446 - Subpoenas, discovery, and protective orders.
34.05.449 - Procedure at hearing.
34.05.452 - Rules of evidence—Cross-examination.
34.05.455 - Ex parte communications.
34.05.458 - Separation of functions.
34.05.464 - Review of initial orders.
34.05.473 - Effectiveness of orders.
34.05.479 - Emergency adjudicative proceedings.
34.05.4791 - Secure community transition facility—Proceeding concerning public safety measures.
34.05.482 - Brief adjudicative proceedings—Applicability.
34.05.485 - Brief adjudicative proceedings—Procedure.
34.05.488 - Brief proceedings—Administrative review—Applicability.
34.05.491 - Brief proceedings—Administrative review—Procedures.
34.05.494 - Agency record in brief proceedings.
34.05.510 - Relationship between this chapter and other judicial review authority.
34.05.514 - Petition for review—Where filed.
34.05.518 - Direct review by court of appeals.
34.05.522 - Refusal of review by court of appeals.
34.05.526 - Appellate review by supreme court or court of appeals.
34.05.534 - Exhaustion of administrative remedies.
34.05.542 - Time for filing petition for review.
34.05.546 - Petition for review—Contents.
34.05.550 - Stay and other temporary remedies.
34.05.554 - Limitation on new issues.
34.05.558 - Judicial review of facts confined to record.
34.05.562 - New evidence taken by court or agency.
34.05.566 - Agency record for review—Costs.
34.05.578 - Petition by agency for enforcement.
34.05.582 - Petition by others for enforcement.
34.05.586 - Defenses, limitations on.
34.05.588 - Enforcement of agency subpoena.
34.05.590 - Incorporation of other judicial review provisions.
34.05.594 - Review by higher court.
34.05.598 - Frivolous petitions.
34.05.610 - Joint administrative rules review committee—Members—Appointment—Terms—Vacancies.
34.05.620 - Review of proposed rules—Notice.
34.05.630 - Review of existing rules—Policy and interpretive statements, etc.—Notice—Hearing.
34.05.650 - Recommendations by committee to legislature.
34.05.655 - Petition for review.
34.05.660 - Review and objection procedures—No presumption established.
34.05.665 - Submission of rule for review—State employees protected.
34.05.671 - Reports—Advisory boards—Staff.
34.05.675 - Inspection of properties—Oaths, subpoenas, witnesses, depositions.
34.05.681 - Enforcement—Committee subpoena—Refusal to testify.