Or. Admin. Code § 115-035-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 115-035-0010 - Amendment of Complaint

(1) At Request of Board Agent. When a complaint appears to raise an issue of fact or law, but such complaint is incomplete by reason of insufficiently detailed allegations or inadvertent omissions, the Board Agent, with notice to all parties, may request that the complainant amend its complaint within ten days of the request. Failure of the complainant to timely amend the complaint without good cause will subject the complaint to dismissal. If the complaint, as amended, does not raise an issue of fact or law that warrants a hearing, it shall be dismissed.

(2) Upon Request of Complainant. Complainant may amend the complaint at any time before service of the complaint. Thereafter, an amendment to the complaint may be made only if good cause is shown. If the Board or Board Agent allows the amendment, respondent shall be given a reasonable period of time to amend its answer. Any case severance or consolidation is governed by OAR 115-010-0040(6).

ERB 1-1980, f. & ef. 1-9-80; ERB 10-2016, f. 11-9-16, cert. ef. 2/1/2017

Stat. Auth.: ORS 240.086(3) & 243.766(7)

Stats. Implemented: ORS 243