§ 20222. Amendment of Complaint; Withdrawal of Complaint.

(a) The general counsel, or his or her agents, may amend any complaint without leave, no later than 10 days prior to the commencement of the hearing. Where there are less than 10 days remaining prior to the opening of the hearing, the complaint may be amended on such terms as may be just upon motion by the general counsel to the assigned administrative law judge. An amendment to a complaint shall be in writing, except that a complaint may be amended orally at hearing or prehearing if the amendment is reduced to writing, filed with the executive secretary and served on the assigned administrative law judge and on all parties no later than 10 days after the close of the prehearing conference or hearing, as the case may be.

(b) The general counsel or his or her agents may withdraw any complaint, without leave, prior to the commencement of the hearing. Thereafter, the complaint may be withdrawn on such terms as may be just upon motion by the general counsel to the assigned administrative law judge.

HISTORY

1. Amendment filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).

2. Editorial correction adding NOTE filed 2-16-83 (Register 83, No. 8).

3. Amendment of subsection (a) and new subsection (b) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).

4. Amendment filed 7-8-99; operative 8-7-99 (Register 99, No. 28).

Note

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151.4(a), 1160.2 and 1160.3, Labor Code.