<?xml version='1.0' encoding='utf-8'?>
<section number="13-1151" name="Amendments to administrative citations" law="code" slug="sec-13-1151" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_13HOPRST_DIV15ADHE_SD4HEPR_S13-1151AMADCI">
  <level label="a">
    <text>Administrative Hearing Officer may allow. If doing so will facilitate the determination of a controversy on the merits, an Administrative Hearing Officer may allow, upon written motion by the applicable party and leave of the Administrative Hearing Officer, appropriate amendments to a citation or notice of violation, subject to conditions necessary to avoid injustice, prejudice or unfair surprise to a party.</text>
    <level label="1">
      <text>Without Leave of the Administrative Hearing Officer. A charging agency may file an amendment to citation or notice of violation without leave of the Administrative Hearing Officer by the date set forth in a scheduling order or, if there is no scheduling order, no later than 30 days before a scheduled hearing date. Within 15 days after service of an amendment, any other party to the action may file a motion to strike setting forth reasons why the Administrative Hearing Officer should not allow the amendment. If an amendment introduces new facts or varies the case in a material respect, an adverse party who wishes to contest new facts or allegations shall file a new or additional answer to the amendment within the time remaining to answer the original citation or within 15 days after service of the amendment, whichever is later. If no new or additional answer is filed within the time allowed, the answer previously filed shall be treated as the answer to the amendment.</text>
    </level>
  </level>
  <level label="b">
    <text>Conformance to evidence. When issues reasonably within the scope of a citation, but not expressly raised by the citation, are tried with both parties present:</text>
    <level label="1">
      <text>the issues shall be treated in all respects as if they had been raised by the citation; and</text>
    </level>
    <level label="2">
      <text>provided it is not prejudicial, amendments of the citation may be made at any time necessary to make it conform to the evidence, with leave or permission of the Administrative Hearing Officer.</text>
    </level>
  </level>
</section>
