Section 8100.2110  Amendment or Withdrawal of the Notice of Hearing

a)         The Notice of Hearing may be amended at any time to correct pleading or notice deficiencies.  An Amended Notice of Hearing shall be filed in the same manner as a Notice of Hearing, or be presented to the hearing officer and each respondent during the course of the hearing.  A continuance shall be granted by the hearing officer whenever the amendment materially alters the Notice of Hearing, and where a respondent demonstrates that any respondent would otherwise be unable to properly prepare an Answer to the Amended Notice of Hearing or prepare any respondent's case.

b)         A Notice of Hearing may be withdrawn without prejudice by the Department at any time prior to the hearing.  After a hearing has begun, a Notice of Hearing may be withdrawn only upon written notice to, and concurrence by the hearing officer.