Iowa Admin. Code r. 161-3.4

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 161-3.4 - Amendment process

(1)Amendment of complaint.

a. Complaints or any part thereof may be amended by the complainant or agency prior to the contested case hearing. Complaints may be amended to include additional allegations discovered during investigation. The issues at the contested case hearing shall include facts uncovered during investigation and are not limited to the allegations in the original complaint.

b. Amendments alleging additional discriminatory acts or practices do not relate back to the original complaint. These amendments will only be permitted if the amended complaint could have been filed as a timely complaint on the date the amended complaint was filed.

c. At the contested case hearing, the administrative law judge may amend the complaint at their discretion. Where an amendment is made, the administrative law judge may grant the respondent a continuance if needed to prepare to defend the amended charge.

(2)Amendments adding successor respondents. The complainant or the agency may at any time amend a complaint to add an alleged successor as a respondent. If a successor is added after issuance of the notice of hearing, the administrative law judge may grant a continuance to allow the successor to prepare its defense.

Iowa Admin. Code r. 161-3.4

Adopted by IAB August 21, 2024/Volume XLVII, Number 5, effective 9/25/2024