[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR26.12]



[Page 283]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

               Subpart A_Hearings Before Hearing Officers

 

Sec.  26.12  Amendments and supplemental pleadings.



    (a) Amendments. (1) By right: The Department may amend its complaint 

without leave at any time within thirty days of the date the complaint 

is filed or at any time before respondent's responsive pleading is 

filed, whichever is later. Respondent may amend its answer at any time 

within thirty days of filing of its answer. A party shall plead in 

response to an amended pleading within fifteen days of receipt of the 

amended pleading.

    (2) By leave: Upon conditions as are necessary to avoid prejudicing 

the public interest and the rights of the parties, the hearing officer 

may allow amendments to pleadings upon motion of any party.

    (3) Conformance to evidence: When issues not raised by the pleadings 

but reasonably within the scope of the proceeding initiated by the 

complaint are tried by express or implied consent to the parties, they 

shall be treated in all respects as if they had been raised in the 

pleadings, and amendments of the pleadings necessary to make them 

conform to the evidence shall be allowed at any time.

    (b) Supplemental pleadings. The hearing officer may, upon reasonable 

notice, permit service of a supplemental pleading concerning 

transactions, occurrences, or events which have happened or been 

discovered since the date of prior pleadings.