Ill. Admin. Code tit. 56, § 2605.130 - Amendment, Voluntary Dismissal or Withdrawal of a Petition for Hearing or Notice of Charges
a) A Notice of
Charges may be amended at any time. An amended Notice of Charges may be filed
in the same manner as a Notice of Charges, or it may be presented to the
Hearing Officer during the course of a Hearing. A continuance shall be granted
whenever the amendment materially alters the Notice of Charges, and when the
Respondent demonstrates that additional time is necessary to properly prepare
an answer or otherwise prepare the Respondent's case.
b) Prior to Hearing, an unopposed motion to
voluntarily dismiss or withdraw a Petition for Hearing or Notice of Charges
shall be granted, and the Hearing Officer shall issue an order dismissing the
Petition for Hearing or Notice of Charges, and its underlying cause with or
without prejudice. However, the Hearing Officer, within the Hearing Officer's
discretion, may hear and decide a motion that has been filed prior to a motion
to voluntarily dismiss or withdraw when that prior filed motion could result in
a final disposition of the cause. After a Hearing begins or when a motion to
voluntarily dismiss or withdraw is challenged, the Hearing Officer shall
exercise discretion in allowing the motion when the voluntary dismissal or
withdrawal would serve the interests of justice.
Notes
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