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PDFWAC 170-03-0240

Amendment to DEL notice or party's request for hearing.

(1) The ALJ must allow DEL to amend (change) the notice of a DEL adverse action before or during the hearing to match the evidence and facts.
(2) If DEL amends its notice, it must put the change in writing and give a copy to the ALJ and the other parties.
(3) The ALJ may allow an appealing party to amend a hearing request before or during the hearing to conform with an amended DEL notice.
(4) If there is an amendment to either the DEL notice or the appealing party's request for hearing, the ALJ must offer to continue or postpone the hearing to give the parties more time to prepare or present evidence or argument if there is a significant change from the earlier DEL notice or from the appealing party's request for hearing.
(5) If the ALJ grants a continuance, OAH must send a new hearing notice at least seven business days before the new hearing date.
[Statutory Authority: Chapter 43.215 RCW, RCW 34.05.220, chapter 34.05 RCW, 2006 c 265. WSR 08-06-102, ยง 170-03-0240, filed 3/5/08, effective 4/5/08.]
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