140 Neb. Admin. Code, ch. 2, § 004

Current through September 17, 2024
Section 140-2-004 - Amendment of Complaint and Answer
004.01 Amendment

A complaint may be reasonably and fairly amended at any time. Reasons for which a complaint may be "reasonably and fairly amended" may include but are not limited to: to cure technical defects or omissions, to clarify allegations made, or to join a newly discovered respondent. An amendment may also allege an additional claim or claims which constitute an unlawful and/or discriminatory housing practice or practices if such claim or claims arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original complaint. Except for purposes of notifying any additional or substitute respondents, all such amendments will relate back to the original filing date. The Commission shall serve a copy of the amended complaint upon the respondent by certified mail or through personal service within ten (10) days of the filing of the amended complaint.

004.02 Answer to Complaint or Amended Complaint

The respondent may file with the Commission a written response to the complaint or any amended complaint within ten (10) days after its receipt. Any response shall fairly address each specific allegation contained in the complaint and be signed and sworn to or affirmed. An answer may be reasonably and fairly amended at any time thereafter.

004.03 Failure to Respond

The Commission may begin an investigation regardless of whether a respondent files a response, or a proper or timely response, to a complaint or an amended complaint.

004.04 Withdrawal of Complaint

A complainant may request that a filed complaint be withdrawn by completing a withdrawal form furnished by the Commission. The Commission shall serve a copy of the request for withdrawal on all parties previously notified of the complaint. If withdrawal is made due to a settlement made between the parties without Commission involvement, both parties will be notified that a complainant may re-file a complaint if the terms of the settlement are not satisfied, provided that the statute of limitations has not elapsed.

140 Neb. Admin. Code, ch. 2, § 004