At any time prior to the closing of the hearing record, the
complaint (Administrator's findings) or answer (response) may be amended
with the permission of the Administrative Law Judge and upon such terms
as he/she may approve. Such amendments shall be allowed when justice and
the presentation of the merits are served thereby, provided there is no
prejudice to the objecting party's presentation on the merits. When
issues not raised by the pleadings are reasonably within the scope of
the original complaint and are tried by express or implied consent of
the parties, they shall be treated in all respects as if they had been
raised in the pleadings, and such amendments may be made as necessary to
make them conform to the evidence. The presiding Administative Law Judge
may, upon such terms as are just, permit supplemental pleadings setting
forth transactions, occurrences or events which have happened a since
the data of the pleadings and which are relevant to any of the issues
involved. A continuance in the hearing may be granted or the record left
open to enable the new allegations to be addressed.
