Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › III - INVESTIGATION OF COMPLAINTS - FINDINGS › Section 162-08-09501 - Methods of obtaining information

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
			RCW
			   49.60.140 and
			49.60.240, as part of the
			investigative process, staff members of the commission may obtain information
			by one or more of the following methods: Subpoenas, oral questions, written
			questions and answers, requests for specific documents and records.
(2) Use of these methods is available only to
			commission staff. Since the investigation is an internal agency process, and
			not an adversarial proceeding, use of the methods for obtaining information
			described in subsection (1) of this section are available only to commission
			staff members.
(3) Scope of
			inquiry. Commission staff members may obtain information regarding any matter,
			not privileged, which is relevant to the complaint filed with the
			commission.
(4) Methods of
			obtaining information.
(a)
Subpoena and
			subpoena duces tecum.
Subpoenas may be issued by the chairperson of the
			commission, any member of the commission designated by the chairperson, the
			executive director, or any staff member designated by the executive director,
			to compel the appearance of any person to give information relevant to a
			complaint which is under investigation.
(i)
			Subpoenas may be served in any manner authorized by WAC
			162-08-041 and
			RCW
			   49.60.140 for the service of papers
			generally.
(ii) Pursuant to
			RCW
			   49.60.170, witnesses shall be paid the same
			fees and mileage as are paid witnesses in the courts of this state, and by the
			same party who would pay if the proceeding were before a court of this state.
			Any person authorized to issue subpoenas who desires the attendance of a
			witness residing outside of the county in which attendance is desired, or more
			than twenty miles from the place where attendance is desired, may compel the
			attendance of the witness by subpoena accompanied by ten dollars, tickets or
			other arrangements for travel, or an appropriate mileage allowance if the
			witness agrees to travel by automobile, plus not less than one day's per diem
			at the rate specified by law for witnesses required to attend court
			proceedings. The executive director may order additional amounts for meals,
			lodging, and travel as the executive director may deem reasonable for the
			attendance of the witness, consistent with
			RCW
			   5.56.010 and other statutes governing
			allowances for witnesses in the courts of this state, if the witness objects to
			the arrangements or amounts provided by the person issuing the
			subpoena.
(iii) The party who calls
			an expert witness shall pay the professional fee charged by the expert witness
			and all other costs of the expert's testimony. If the other party's or parties'
			questioning of an expert witness exceeds the time taken by the party who
			requested the expert, they shall reimburse the party who called the expert
			witness for that portion of the fee charged by the expert witness and the other
			costs of the expert's testimony.
(iv) Questions relating to subpoenas shall be
			addressed by the executive director. Motions relating to subpoenas shall be
			addressed by the executive director or chairperson of the commission pursuant
			to the procedures set forth in WAC
			162-08-019.