Hearing dates — Refusal to comply with subpoena.
RCW 41.58.110
in effect(1) The commission or presiding officer may: (a) Set a hearing date without consent from the involved parties so long as the involved parties may submit motions to move the hearing date; and (b) Draw an adverse inference from the refusal of a party to comply with subpoenas issued by the commission or presiding officer, subject to subsection (2) of this section. (2) If a union invokes privilege under RCW 5.60.060 (11) and 49.36.040 when refusing to comply with a subpoena request, the commission or presiding officer may not draw an adverse inference from the union's refusal to comply. When a union invokes such privilege, the commission or presiding officer must conduct an in camera review to determine if the records are privileged.
(1) The commission or presiding officer may:
(a) Set a hearing date without consent from the involved parties so long as the involved parties may submit motions to move the hearing date; and
(b) Draw an adverse inference from the refusal of a party to comply with subpoenas issued by the commission or presiding officer, subject to subsection (2) of this section.
(2) If a union invokes privilege under RCW 5.60.060 (11) and 49.36.040 when refusing to comply with a subpoena request, the commission or presiding officer may not draw an adverse inference from the union's refusal to comply. When a union invokes such privilege, the commission or presiding officer must conduct an in camera review to determine if the records are privileged.
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=41.58&full=trueFetched: 6/29/2026