Current through Register Vol. 24-18, September 15, 2024
(1) The department
may conduct investigations at any time to determine whether any person has
violated or is about to violate chapter 18.44 RCW, or any rule, regulation, or
order under chapter 18.44 RCW, or to aid in the enforcement of chapter 18.44
RCW. For that purpose, the department may conduct inquiries, interviews, and
examinations of any person deemed relevant to the investigation.
(2) The department may investigate the escrow
business or other business or personal financial records of any person subject
to investigation under subsection (1) of this section. In conducting
investigations, the department may:
(a)
Access, during reasonable business hours, any location where any escrow
business records are or may be located, including offices, places of business,
personal residences, 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 stored in any
format;
(b) Administer oaths or
affirmations;
(c) Subpoena
witnesses and compel their attendance at a time and place determined by the
director or designated person;
(d)
Subpoena the production of any evidence or matter which is relevant to the
investigation, including the taking of such evidence;
(e) Subpoena any person to determine the
existence, description, nature, custody, condition, and location of any books,
documents, or other tangible things and the identity and location of persons
having knowledge or relevant facts, or any other matter reasonably calculated
to lead to the discovery of material evidence;
(f) Interview, publicly or privately, under
administration of oath or otherwise, or take the sworn testimony of: Any
principal party, escrow agent, employee, or independent contractor, of any
person subject to the act, or any other person whose testimony is deemed
relevant to the department's investigation;
(g) Require the filing of statements,
affidavits, or declarations in writing by any person, under administration of
oath, notary or otherwise, as to all facts and circumstances concerning the
matters under investigation;
(h)
Copy, or request to be copied, any items described in this section, or if the
department makes a determination that there is a danger that original records
may be destroyed, altered, or removed to deny the director access, or that
original documents are necessary for the preparation of a criminal referral,
the department may take originals of any items described in this section,
regardless of the source of such items. Originals and copies taken by the
department may be held, returned, or forwarded to other regulatory or law
enforcement officials as deemed necessary;
(i) Analyze and review any items described in
this section;
(j) Receive
assistance, as necessary, from any employee or other person subject to
RCW
18.44.021;
(k) Conduct meetings with owners, management,
officers, or employees of any person subject to
RCW
18.44.021;
(l) Conduct meetings and share information
with other regulatory or law enforcement agencies;
(m) Prepare and deliver, as necessary, a
report of investigation requiring a response from the recipient.
(3) For purposes of this section
and RCW
18.44.420(1), "public" means
open to the public as determined by the department.
(4) For purposes of this section and
RCW
18.44.420(1), "private"
means closed to the public or any person, including attorneys for witnesses, as
determined by the department.
Statutory Authority:
RCW
43.320.040 and chapter 18.44 RCW (as amended
by 2010 c 34). 10-20-124, §
208-680-620, filed 10/5/10,
effective 11/5/10.