Justice so requires, after considering whether the amendment would result in a significant
or substantial delay in the complaint investigation process, whether the director
would have adequate time to investigate the complaint, and whether the complainant
and respondent would have adequate time to present evidence;
3.
The party to be brought in by the amendment has received such notice that the party
will not be prejudiced in maintaining a defense on the merits; and
4.
The party to be brought in by the amendment knew or should have known that but for
a mistake concerning the identity of the proper party, the complaint would have been
brought against that party.
(2)
When an amendment relates back. An amendment relates back to the date of the original complaint whenever the claim
to be asserted in the amended complaint arose out of the conduct, transaction, or
occurrence set forth or attempted to be set forth in the original complaint.
(3)
Complaint amendment procedures. If a complaint is proposed to be amended after the respondent has filed the response
required by section 149.50(e), the director shall advise the respondent in writing
of the director's intent to allow an amendment to the complaint and provide the respondent
with a copy of the proposed amended complaint. The respondent may file an objection
within ten (10) days of being served with the director's notice of intent to amend
the complaint. The director's determination on whether to allow the amendment of the
complaint shall be final.
(4)
Response to amended complaint. If the director has made a final decision to allow an amendment to the complaint,
a response and rebuttal shall be allowed as provided for by section 141.50(e) and (f) for an original complaint.
(e)