(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) Motions to amend complaints shall be subject to the following limitations:
(a) Prior to the appointment of an examiner, amendment shall be freely allowed upon motion to the agency official responsible for making preliminary rulings under WAC
391-45-110;
(b) After the appointment of an examiner but prior to the opening of an evidentiary hearing, amendment may be allowed upon motion to the examiner and subject to due process requirements;
(c) After the opening of an evidentiary hearing, amendment may only be allowed to conform the pleadings to evidence received without objection, upon motion made prior to the close of the evidentiary hearing.
(3) Where a motion for amendment is denied, the proposed amendment shall be processed as a separate case.
[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. WSR 00-14-048, § 391-45-070, filed 6/30/00, effective 8/1/00; WSR 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. WSR 80-14-048 (Order 80-7), § 391-45-070, filed 9/30/80, effective 11/1/80.]