Section 391-45-070 - Amendment(1) A complaint may be amended upon motion made by the complainant if: (a) The proposed amendment only involves the same parties as the original complaint;(b) The proposed amendment is timely under any statutory limitation as to new facts;(c) The subject matter of the proposed amendment is germane to the subject matter of the complaint as originally filed or previously amended; and(d) Granting the amendment will not cause undue delay of the proceedings.(2) A motion to amend a complaint is subject to the following limitations:(a) Before the appointment of an examiner, amendment is freely allowed upon motion;(b) After the appointment of an examiner but before the opening of a hearing, amendment may be allowed upon motion to the examiner and subject to due process requirements;(c) After the opening of a hearing, amendment may only be allowed to conform the pleadings to evidence received without objection, upon motion made before the close of the hearing.(3) If a motion for amendment is denied, the proposed amendment will be processed as a separate case.Wash. Admin. Code § 391-45-070
Amended by WSR 22-23-101, Filed 11/16/2022, effective 1/1/2023Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 28B.52.073, 41.56.140, 41.56.150, 41.56.170, 41.59.140 and 53.18.015. 00-14-048, § 391-45-070, filed 6/30/00, effective 8/1/00; 90-06-074, § 391-45-070, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-048 (Order 80-7), § 391-45-070, filed 9/30/80, effective 11/1/80.