Current through Register Vol. 54, No. 23, June 8, 2024
Section 42.35 - Amendment of complaint or answer(a) The complaint or answer may be amended at any time prior to approval of a hearing on the merits and thereafter by leave of the Commissioners, hearing commissioners or permanent hearing examiner.(b) The complaint may be amended to cure technical defects or omissions, to clarify or amplify allegations made therein, or to add material allegations which are related to or grow out of the subject matter of the original complaint, and these amendments shall relate back to the original filing date of the complaint.(c) The complaint may not be amended to delete an allegation under § 42.36(a) (relating to complaints seeking relief for persons other than the named complainant) except by leave of the Commission upon a showing that the amendment will not prejudice the interests of the class of unnamed persons upon whose behalf the complaint was brought.(d) Subsections (a)-(c) supersede 1 Pa. Code § 35.48(b) (relating to amendment of pleadings generally).The provisions of this § 42.35 adopted August 13, 1976, effective 8/14/1976, 6 Pa.B. 1887; corrected August 20, 1976, effective 8/14/1976, 6 Pa.B. 1985; amended October 28, 1983, effective 10/29/1983, 13 Pa.B. 3283; amended April 19, 1991, effective 4/20/1991, 21 Pa.B. 1909.