Iowa Admin. Code r. 161-3.4 - Amendment process
(1)
Amendment of complaint.
a.
Complaints or any part thereof may be amended by the complainant or agency
prior to the contested case hearing. Complaints may be amended to include
additional allegations discovered during investigation. The issues at the
contested case hearing shall include facts uncovered during investigation and
are not limited to the allegations in the original complaint.
b. Amendments alleging additional
discriminatory acts or practices do not relate back to the original complaint.
These amendments will only be permitted if the amended complaint could have
been filed as a timely complaint on the date the amended complaint was
filed.
c. At the contested case
hearing, the administrative law judge may amend the complaint at their
discretion. Where an amendment is made, the administrative law judge may grant
the respondent a continuance if needed to prepare to defend the amended
charge.
(2)
Amendments adding successor respondents. The complainant or
the agency may at any time amend a complaint to add an alleged successor as a
respondent. If a successor is added after issuance of the notice of hearing,
the administrative law judge may grant a continuance to allow the successor to
prepare its defense.
Notes
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