RCW 50.12.130
Oaths and witnesses—Subpoenas—Application for court approval prior to issuance—No notice required.
(1) In the discharge of the duties imposed by this title, the appeal tribunal and any duly authorized representative of the commissioner shall have power to administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed to be necessary as evidence in connection with any dispute or the administration of this title. It shall be unlawful for any person, without just cause, to fail to comply with subpoenas issued pursuant to the provisions of this section.
(2)(a) Any authorized representative of the commissioner 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 records or documents are located, or in Thurston county. The application must:
(i) State that an order is sought pursuant to this subsection;
(ii) Adequately specify the records, documents, or testimony; and
(iii) Declare 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 or testimony are reasonably related to an investigation within the department's authority.
(b) Where the application under this subsection 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 records or testimony.
(c) Any authorized representative of the commissioner may seek approval and a court may issue an order under this subsection 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.
[ 2010 c 22 § 3; 1945 c 35 § 52; Rem. Supp. 1945 § 9998-190. Prior: 1943 c 127 § 8; 1941 c 253 § 8; 1939 c 214 § 9; 1937 c 162 § 11.]
NOTES:
Findings—Intent—2010 c 22: See note following RCW 51.04.040.
Structure Revised Code of Washington
Title 50 - Unemployment Compensation
Chapter 50.12 - Administration.
50.12.010 - Commissioner's duties and powers.
50.12.020 - Personnel appointed by commissioner.
50.12.031 - Personnel board—Travel expenses of board.
50.12.040 - Rule-making authority.
50.12.042 - Rules—2003 2nd sp.s. c 4.
50.12.050 - Reciprocal benefit arrangements.
50.12.060 - Reciprocal coverage arrangements.
50.12.080 - Arbitrary reports.
50.12.090 - Interstate use of employing unit records.
50.12.100 - Compulsory production of records and information.
50.12.120 - Protection against self-incrimination.
50.12.140 - Destruction of office records.
50.12.150 - Representation by attorney general.
50.12.160 - Publication of title, rules and regulations, etc.
50.12.170 - Services and fees of sheriffs.
50.12.180 - State-federal cooperation.
50.12.190 - Employment stabilization.
50.12.200 - State advisory council—Committees and councils.
50.12.210 - Employment services for persons with disabilities—Report to legislative committees.
50.12.220 - Penalties for late reports or contributions—Warning—Assessment—Waiver—Appeal.
50.12.230 - Job skills training program—Department's duties.
50.12.235 - Washington conservation corps—Department's duties.
50.12.240 - On-the-job training—Employer qualifications established by rule.
50.12.245 - Cooperation with workforce training and education coordinating board.
50.12.250 - Information clearinghouse to assist in employment of persons of disability.
50.12.252 - Information clearinghouse—Consultation on establishment.
50.12.290 - Printed materials—Department's duties.
50.12.300 - Professional employer organizations—Reports and records.
50.12.310 - Professional employer organizations—Revocation of authority to act as coemployer.
50.12.320 - Labor market research—High-demand green industries—Middle or high-wage occupations.
50.12.330 - Domestic violence employment poster.
50.12.340 - Report to legislature.
50.12.350 - Use of social security numbers in correspondence with third parties.
50.12.355 - Report—Unemployment trust fund—Minimum weekly benefit increase—Wages subject to tax.
50.12.360 - Unemployment insurance claim adjudicator training program—Report.
50.12.365 - Plain language required for letters, alerts, and notices.