Section 910 IAC 1-2-8 - Amendments to pleadingsAuthority: IC 22-9-1-6
Affected: IC 22-9-1-6
Sec. 8.
(a) At any time prior to the issuance of the notice of a prehearing conference, a complaint, or any part thereof, may be amended as a matter of a right by the complainant. Otherwise, a complainant may amend the complaint only by leave of the commission, and such leave shall be given when justice so requires.(b) A respondent may amend his or her answer as a matter of right at any time prior to the issuance of notice of a prehearing conference. Otherwise, a respondent may amend its answer only by leave of the commission, and such leave shall be given when justice so requires.(c) Each party shall be served with a copy of each amendment to a pleading.(d) When issues not raised in the pleadings filed by the parties are heard by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendments of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after final order, but failure to so amend shall not affect the adjudication of the hearing. If evidence is objected to at the hearing on the ground that it is not within the issues raised by the pleadings, the presiding officer may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party fails to show that the admission of such evidence would prejudice such party in maintaining a claim or defense on the merits. The presiding officer may grant a continuance to enable the objecting party to meet such evidence.Civil Rights Commission; Rule 2, Sec 2.8; filed Mar 29, 1974, 4:16 p.m.: Rules and Regs. 1975, p. 199; filed Feb 7, 2000, 3:15 p.m.: 23 IR 1388; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA