(a) Amendments. The notice or answer may be amended or supplemented
at any stage of the proceeding. The respondent must answer an amended
notice within the time remaining for the respondent’s answer
to the original notice, or within ten days after service of the amended
notice, whichever period is longer, unless the Board or ALJ orders
otherwise for good cause.
8-063.1
(b) Amendments to conform to the evidence. When
issues not raised in the notice or answer are tried at the hearing
by express or implied consent of the parties, they will be treated
in all respects as if they had been raised in the notice or answer,
and no formal amendments are required. If evidence is objected to
at the hearing on the ground that it is not within the issues raised
by the notice or answer, the ALJ may admit the evidence when admission
is likely to assist in adjudicating the merits of the action and the
objecting party fails to satisfy the ALJ that the admission of such
evidence would unfairly prejudice that party’s action or defense
upon the merits. The ALJ may grant a continuance to enable the objecting
party to meet such evidence.
