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WAC 208-630-370

What powers does the director have during an investigation?

The director or designee may investigate the business of a licensee, or other business or personal financial records of any person subject to investigation. In conducting investigations, the director or designee may:
(1) Have access to any location where records of the subject of the investigation are located, including offices, places of business, commercial storage facilities, computers, safes and vaults for the purposes of obtaining, reviewing or copying books, accounts, papers, files, or records, including electronic records, or records in any format;
(2) Administer oaths and affirmations;
(3) Subpoena witnesses and compel their attendance at a time and place determined by the director or designee, and compel their testimony regarding any matter related to an investigation or examination under chapter 31.45 RCW or these rules, including:
(a) Testimony regarding the existence, description, nature, custody, condition and location of any relevant evidence;
(b) The identity and location of persons having knowledge of any matter related to the investigation; and
(c) Any matter reasonably calculated to lead to the discovery of material evidence.
(4) Subpoena the production of any books, records in any format, documents or other tangible things, or physical or documentary evidence or matter;
(5) Conduct oral examination, under oath or otherwise, publicly or privately, of any controlling person, employee, agent or independent contractor of a licensee;
(6) Conduct oral examination, under oath or otherwise, publicly or privately, of any person whose testimony is deemed relevant to the investigation;
(7) Copy, or request to be copied, any items described in subsection (1) of this section, or if the director or designee determines that:
(a) There is danger that original records may be destroyed, altered, or removed denying the director access; or
(b) Original documents are necessary for the preparation of criminal referral or trial, the director may take possession of originals of any items described in subsection (1) of this section, regardless of the source of such items. Originals and/or copies taken by the director may be held, returned, or forwarded to other regulatory or law enforcement officials as determined necessary by the director or designee.
(8) Conduct analysis and review of any items described in subsection (1) of this section;
(9) Require assistance, as necessary, from any employee or person subject to investigation under this section with respect to the conduct and subject matter of the investigation;
(10) Conduct meetings and exit reviews with owners, managers, officers, or employees of any person subject to investigation or examination under this chapter;
(11) Conduct meetings and share information with other regulatory or law enforcement agencies; and
(12) Prepare and deliver, as deemed necessary, a report of investigation requiring a response from the recipient.
The director may investigate the business and records of any person who the director has reason to believe is engaging in business which requires a license under chapter 31.45 RCW.
[Statutory Authority: RCW 31.04.165, 43.320.040, 31.45.030, 31.45.050, 31.45.200. WSR 05-22-009, ยง 208-630-370, filed 10/21/05, effective 11/21/05.]
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