Amendments to Pleadings

Section 5300 Section 5300.650  Amendments to Pleadings a)         At any time prior to issuance of the Administrative Law Judge's Recommended Order and Decision or Final Order in a case proceeding under the alternative hearing procedure, the pleadings may be amended for good cause shown.  A motion to amend under this Subsection shall be in writing, and shall state the specific amendments proposed and the reasons therefor.  Where the Department filed the Complaint in the case, a motion to amend the Complaint may be made by either the Department or the Complainant.  A motion to amend a pleading shall be served upon all Parties, and upon the Department to the attention of its Chief Legal Counsel.  Where leave is granted to file an amended Complaint, it must be served upon all Parties of record and the Department by the Complainant, or by the Department if it moved to amend, within 7 days after the date of the Order granting leave to file the amended Complaint, or within such additional time as the Administrative Law Judge may order.  It is not the obligation of the Commission to serve amended Complaints. b)         Amendments to the Complaint may encompass any unlawful discrimination which is like or reasonably related to the charge and grows out of the allegations in such charge, including, but not limited to, allegations of retaliation. c)         A motion made prior to the close of a hearing that a pleading be amended to conform to the evidence may be addressed orally on the record to the Administrative Law Judge conducting the hearing and shall be granted for good cause shown. d)         An amendment to a pleading shall relate back to the date of the filing of the original pleading.