6 Del. Admin. Code § 200-B-222

Current through Register Vol. 28, No. 5, November 1, 2024

Section 200-B-222 - Complaints: Amendment and Withdrawal

(a) At any time prior to the filing of a responsive pleading or the commencement of a hearing (whichever is earlier), the Unit may amend a complaint to include new matters of fact or law. After the filing of a responsive pleading or the commencement of a hearing, upon motion by the Unit, the Presiding Officer may permit amendment of a complaint to include new matters of fact or law.

(b) At any time prior to the filing of a responsive pleading or the commencement of a hearing (whichever is earlier), the Unit may withdraw its complaint. Such withdrawal shall be without prejudice to refiling, and the Unit shall be permitted to file a complaint based on allegations concerning the same facts and circumstances that are set forth in the withdrawn complaint. The Unit may withdraw its complaint after the filing of a responsive pleading or commencement of a hearing; however, upon motion of the respondent, the Presiding Officer, after considering the facts and circumstances of the withdrawal, shall determine whether the withdrawal shall be with prejudice.

18 DE Reg. 394 (11/1/2014) (Final)