(1)
Amendment of complaint.
a. A
complaint or any part may be amended by the complainant or by the commission
anytime prior to the hearing thereon and, thereafter, at the discretion of the
administrative law judge. The complaint may be amended to include additional
material allegations the investigation may have disclosed.
To prevent unnecessary litigation or duplication, the
commission may amend a complaint based upon information gained during the
course of the investigation. The scope of the issues at public hearing shall
include the facts as uncovered in the investigation and shall not be limited to
the allegations as stated in the original complaint. Provided, however, that
when an amendment is made, the respondent may be granted a continuance within
the discretion of the administrative law judge if it is needed to allow the
respondent to prepare to defend on the additional grounds.
b. Amendments alleging additional acts which
constitute unfair or discriminatory practices related to or growing out of the
subject matter of the original complaint will relate back to the date the
original complaint was filed. If a reasonable investigation of the initial
complaint would encompass an alleged unfair or discriminatory practice then
that alleged unfair or discriminatory practice grows out of the subject matter
of the original complaint.
c.
Amendments alleging additional acts which constitute unfair or discriminatory
practices which are not related to and which do not grow out of the subject
matter of the original complaint will be permitted only where at the date of
the amendment the allegation could have been filed as a separate complaint. The
complaint as so amended shall then be processed by the commission as a single
complaint of discrimination.
(2)
Amendments adding those allegedly
liable as successors and relation back. Whenever the commission or
complainant learns subsequent to the filing of the original complaint that an
entity may be liable as a successor to the respondent named in the original
complaint, the complainant or the commission may at any time amend the
complaint to add the alleged successor as a respondent. Provided, however, that
when such an amendment is made after issuance of the notice of hearing the
alleged successor added by the amendment may be granted a continuance within
the discretion of the administrative law judge, if it is needed to allow the
alleged successor to prepare its defense. An amendment adding an alleged
successor always relates back to the date of the filing of the original
complaint.
(3)
Withdrawal
of complaint. A complaint or any part thereof may be withdrawn by the
complainant at any time prior to the hearing thereon and, thereafter, at the
discretion of the commissioners. However, nothing herein shall preclude the
commission from continuing the investigation and initiating a complaint on its
own behalf against the original respondent, as provided for in the Act,
whenever it deems it in the public interest.
