(1) The board or the commissioner has the power to compel through subpoena the attendance of witnesses and production of records for:

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Terms Used In Washington Code 79.02.020

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Subpoena: A command to a witness to appear and give testimony.
(a) Hearings pertaining to public lands as provided by this title;
(b) Determining the value and character of land, valuable materials, or improvements; and
(c) Determining waste or damage to the land.
(2) A subpoena may be served by any person authorized by law to serve process.
(3) Each witness subpoenaed is allowed the same fees and mileage as paid witnesses in courts of records in this state. The department shall pay these fees and mileage from its general fund appropriation.
(4) Any witness failing to comply with a subpoena, without legal excuse, is considered in contempt.
(a) The board or commissioner shall certify the facts to the court of the county in which the witness resides for contempt of court proceedings as provided in chapter 7.21 RCW.
(b) The certificate of the board or commissioner must be considered by the court as prima facie evidence of the guilt of the witness.
(c) Upon legal proof of the facts, the witness is subject to the same penalties as provided in like cases for contempt of court.

NOTES:

Intent2003 c 334: See note following RCW 79.02.010.