(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.
Notes
Wash. Admin. Code §
391-45-070
Amended by
WSR
22-23-101, Filed 11/16/2022, effective
1/1/2023
Statutory 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.